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HomeMy WebLinkAboutMINUTES - 12191989 - 1.14 a- CLAIM County Couns.1 BOARD OF SUPERVISORS.OF CONTRA COSTA COUNTY, CALIFORNIA NOV 3.0 1° 9 Claim Against the County, or District governed by) BOAAMOPO P45,53 / the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 19, 1989 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT:- PORTER, Earl and Cora ATTORNEY: Lawrence, A. Bennett, Esq. Law Offices of Bennett & Rowland Date received November 29, 1989 ADDRESS: One Embarcadero Center, #950 BY DELIVERY TO CLERK ON San Francisco, CA .94111-3614 BY MAIL POSTMARKED: November 28, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. � J IL BATCHELOR, Clerk DATED: November 30. 1989 B : Deputy 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: ry BY: 1 �- 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 ORDS : By unanimous vote of the Supervisors present 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 dater. Dated: DEC 1 9 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945'.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. 'Dated: DEC 2 01989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAWRENCE A. BENNETT FRANK J. CHRISTY, JR. LAW OFFICES OF 1 BENNETT & ROWLAND ONE EMBARCADERO CENTER,SUITE 950 2 SAN FRANCISCO,CALIFORNIA 94111-3614 �������� (415) 956-4551 3 4 NOV .291989 PHIL BATCHELOR 5 CLERK BOARD OF SUPERVISORS Attorneys for EARL PORTER CONT STA CO. 6 and CORA PORTER e .... 7 8 9 10 Claim of: ) CLAIM FOR INDEMNITY 11 ) (PERSONAL INJURIES) EARL PORTER and CORA PORTER ) 12 ) Against: ) 13 ) COUNTY OF CONTRA COSTA, a ) 14 body politic and political ) subdivision of the State of ) 15 California. ) 16 17 TO THE COUNTY OF CONTRA COSTA: 18 1 . You are hereby notified that EARL PORTER and CORA 19 PORTER, whose address is 830 Sonoma Street, Richmond, California, 20 94805, claim from the COUNTY OF CONTRA COSTA, any amounts 21 required to indemnify claimants for personal injuries damages 22 obtained by LAPORSCHE WALTON, a minor, plaintiff in that certain 23 action entitled "LAPORSCHE WALTON, a minor, by and through EMILIE 24 D. WILLIAMS, her Guardian Ad Litem, Plaintiff, v. EARL PORTER, 25 CORA PORTER, CONTRA COSTA COUNTY, a Governmental Entity, and DOES 26 ONE through FIFTY, Defendants, " being Action Number C89-03307 , in -1- 1 the Superior Court of California, County of Contra Costa. A copy 2 of the first amended complaint in that action is attached hereto, 3 marked as Exhibit "A" , and incorporated herein by reference for 4 informational purposes only. Said complaint was personally 5 served on claimants on October 28 , 1989 . 6 2. Notices regarding this claim are to be sent to 7 Lawrence A. Bennett, Esq. , Bennett & Rowland, One Embarcadero 8 Center, Suite 950 , San Francisco, California 94111 . 9 3 . This claim involves a dog bite accident which 10 occurred on August 8 , 1988 , at 830 Sonoma Street in the City of 11 Richmond, County of Contra Costa, State of California. The 12 details of this incident are more fully set forth in Exhibit "A" 13 which is attached hereto. 14 4 . This claim arose as the result of the incident 15 described above. Claimants are informed and believe that the 16 injuries and damages, if any, sustained by plaintiff LAPORSCHE 17 WALTON, were caused by the negligent conduct of the COUNTY OF 18 CONTRA COSTA and its employees. The amount of the damages 19 claimed by plaintiff LAPORSCHE WALTON, are unknown at this time. 20 5 . The names of the public employees causing the injury, 21 damages, or loss, are unknown at this time. 22 6 . Damages sustained by claimants to date, or to be 23 incurred in the future , are unknown, and depend upon a final 24 25 26 LAW OFFICES OF BENNETT&ROWLAND ONE EMBARCADERO CENTER -2- SUITE 2SUITE 950 SAN FRANCISCO,CA 94111-3614 14151 956-4800 1 determination of the action referred to in Exhibit "A" attached 2 hereto. 3 DATED: November 20 , 1989 4 BENNETT & WLAN 5 � • 6 By. LAW CE A. BENNETT 7 Attorneys for Claimants, EARL PORTER and CORA PORTER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAIM/2064 UlW OFFICES OF BENNETT&RDwLAND ONE EMBARCADERO CENTER SUITE 950 SAN FRANCISCO,CA 94111-3614 14151 956-4800 S EP i 1' 1989 MICHAEL L. ALDERSON 1 PELLETREAU, MOSES, ALDERSON & CABRAL E7 Attorneys at Law 2 3260 Blume Drive, Suite 410A 5'�'1ti�1 w to 3 Richmond, CA 94806 (415) 758-2001 4 Attorneys for Plaintiff 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA Q U 10 LAPORSCHE WALTON, a minor, by ) Ca 11 and through EMILIE D. WILLIAMS, ) NO. C 89-03307 2mm her Guardian Ad Litem, ) QW Q N ) Ch " o N = < 12 Plaintiff, ) W ) FIRST AMENDED Q a 00 W 13 VS . ) COMPLAINT FOR DAMAGES W u 4 ) (Personal Injuries) tmog 14 EARL PORTER, CORA PORTER, CONTRA ) (Negligence; Dog Bite) g0 � "^ 15 COSTA COUNTY, a Governmental ) (Neglient Entrustment) Entity, DOES ONE through FIFTY, ) LU a 16 i 17 Defendants. ) J ) 0. 18 Comes now plaintiff, LAPORSCHE WALTON, a minor, by and 19 through EMILIE D. WILLIAMS, her Guardian Ad Litem, and for cause 20 of action against defendants, and each of them, alleges as follows: 21 FIRST CAUSE OF ACTION 22 1 . That prior to the filing of this complaint, EMILIE 23 D. WILLIAMS was duly appointed guardian ad litem for plaintiff, 24 LAPORSCHE WALTON, a minor, by an order of the above-entitled court 25 duly made and entered herein. 26 -1- EXHIBIT k: 2 . That the true names or capacities, whether 1 2 individual, corporate, associate, or otherwise, of defendants 3 named herein as DOES ONE through FIFTY, inclusive, are unknown to 4 plaintiff, who therefore sues said defendants by such 5 fictitious names , and plaintiff will ask leave to amend this 6 complaint to show their true names and capacities when the same 7 have been ascertained. Plaintiff is informed and believes and 8 thereon alleges, that each of the defendants designated herein by . 9 a fictitious name is negligently responsible in some manner for Q the events and happenings herein referred to, and negligently f 10 11 caused injury and damages proximately thereby to the plaintiff as 0 ° ° ° a V1 ° umi herein alleged. ° or' 12 W 5 <_ 'i /1 a N 2 =! o ; ox 3 . Plaintiff is informed and believes and thereon LL 13 Z ° < U14 alleges that at all times herein mentioned, defendants, EARL 0 4N1N 15 PORTER, CORA PORTER and DOES ONE through TEN, inclusive, were ? 16 residents of the County of Contra Costa, State of California. .a 17 .4 . Plaintiff is informed and believes and thereon A, 18 alleges that at all times herein mentioned, defendants , CONTRA 19 COSTA COUNTY and DOES ELEVEN through TWENTY, inclusive, were 20 governmental entities organized and existing under and by virtue 21 of the laws of the State of California. 22 5. Plaintiff is informed and believes and thereon 23 alleges that at all times herein mentioned each of the defendants 24 was the agent and employee of each of the remaining defendants and 25 was at all times acting within the purpose and scope of said 26 agency and employment. -2- 1 6 . At all times mentioned herein, defendants, EARL 2 PORTER, CORA PORTER and DOES ONE through TEN, were the occupants, 3 owners, operators , controllers and maintainers of the real 4 property and residential premises located at 830 Sonoma Street, 5 City of Richmond, County of Contra Costa, State of California. 6 7 . On or about September 24, 1987 , defendants, EARL PORTER, CORA PORTER and DOES ONE through TEN, were licensed by 8 the State of California to operate and maintain the aforesaid a 9 premises as a foster home for children. 'a 10 8 . On or about September 11, 1987 , before the °� 11 effective date of the said licensing, defendants, CONTRA COSTA m z p v z ; 1 ;, " 12 COUNTY and DOES ELEVEN through TWENTY, entered into a "FOSTER l 5 < a ' u ' ° Q 13 PARENTS AGREEMENT" with defendants, EARL PORTER, CORA PORTER and 14 DOES ONE through TEN, and placed plaintiff, a minor, in the said z C4 . 02 home of said defendants for foster care. Said "FOSTER PARENTS `N° u ^ 15 Q 16 AGREEMENT" is attached hereto as Exhibit "A" and incorporated a 17 herein by reference. a 0. 18 9 • On or before August 8 , 1988 , defendants, EARL 19 PORTER, CORA PORTER, and DOES ONE through TEN, and each of them, 20 were the owners of several Doberman Pinscher and Rottweiler type 21 dogs which were kept unrestrained in, around and about said 22 defendants ' premises located at 830 Sonoma Street, Richmond, 23 Contra Costa County, California. 24 10 . On or about August 8 , 1988 , plaintiff was under the 25 foster home care and supervision of defendants, EARL PORTER, CORA 26 PORTER, and DOES ONE through TEN, and was playing unsupervised in -3- the backyard of said defendants ' residence located at 830 Sonoma 1 2 Street, Richmond, Contra Costa County, California, with other foster children. 3 4 11 . At the aforesaid time and place defendants, EARL 5 PORTER, CORA PORTER and DOES ONE through TEN, and each of them, so 6 negligently, carelessly and wantonly failed to safely operate and 7 maintain their said premises, supervise their foster children, 8 including plaintiff, and to control or contain their said dogs 9 with the result that the said dogs attacked and bit plaintiff, 'a 10 Proximately causing the hereinafter described injuries and damages to plaintiff. Zo a 11 0 za m � 12 o � �, 12 . As a proximate result of being bitten by said dogs ' 9 ' ° < 13 as aforesaid, the plaintiff was hurt and injured in plaintiff' s W U $ 14 strength and activity, sustaining injury to plaintiff and shock WIZ v y0 m 0 N N = ^ 15 and injury to plaintiff' s nervous system and person, all of which 16 said injuries have caused and continue to cause plaintiff great a 17 mental, physical and nervous pain and suffering. Plaintiff is t�. 18 informed and believes and thereon alleges that said injuries will 19 result in some permanent disability to the said plaintiff, all to 20 plaintiff' s general damage in a sum within the jurisdictional 21 purview of this Court. 22 13 . As a further proximate result of being bitten by 23 said dogs as aforesaid alleged, the plaintiff was required to and 24 did employ physicians and surgeons to examine, treat and care for 25 plaintiff, and has and will continue to incur medical and 26 incidental expense. The exact amount of such expense is unknown -4- 1 to plaintiff at this time, and plaintiff will ask leave to amend 2 this pleading to set forth the exact amount thereof when the same 3 is ascertained. 4 WHEREFORE, plaintiff prays judgment against defendants, 5 and each of them, as hereinafter set forth. 6 SECOND CAUSE OF ACTION 7 14 . Plaintiff refers to paragraphs 1 through 13 of the 8 First Cause of Action herein and by such reference incorporates z 9 the same as though set forth at length. .. 10 15 . Plaintiff is informed and believes and thereon N alleges that defendants, CONTRA COSTA COUNTY and DOES ELEVEN Z O o v 11 ,. Qmm � w 12 through TWENTY, inclusive, negligently and carelessly entered into < ; I N a: Q ° ' ° "13 the said "FOSTER PARENTS AGREEMENT" attached hereto as Exhibit "A" ♦ J la13i / W U f s � Zg 14 and negligently and carelessly placed plaintiff in the foster home O m O N SNI ^ 15 of defendants, EARL PORTER, CORA PORTER and DOES ONE through TEN, 16 without required licensing and without adequate investigation to N 17 insure a safe environment for plaintiff, proximately thereby C1. 18 causing the injuries and damages sustained by plaintiff herein. 19 16 . On or about February 7, 1989 , plaintiff presented 20 to defendant, CONTRA COSTA COUNTY, her claim for the injuries and 21 damages alleged herein, a copy of which is attached hereto as 22 Exhibit "B" and made a part of this pleading by reference, which 23 claim was rejected by said defendant on or about March 7, 1989, by 24 written notice to plaintiff. 25 WHEREFORE, plaintiff prays judgment against defendants, 26 and each of them, as follows: -5- i 1 1 . General damages in a sum within the jurisdictional 2 purview of this court; 3 2 . All medical and incidental expenses according to proof; 4 5 3 . All costs of suit incurred herein; 6 4 . Interest pursuant to law; and 7 5 . Such other and further relief as to this court may 8 seem proper in the premises . 9 Dated: August 31, 1989. �¢ 10 PELLETREAU, MOSES, ALDERSON & CABRAL z o 11 a m m B ot � � 12 y a N Z MICHAEL L. ALDERSON, .. ao gWo 13 Attorneys for Plaintiff J W f Q p W U W Z $ 14 F N e O LOm NU 15 M 1 N 16 E� r 17 u f1, 18 19 20 21 22 23 24 25 26 -6- State of California - Health and Welfare. Department of Social Service.;. AGENCY — FOSTER PARENTS AGREEMENT Child Placed by Agency in Foster Home The agreement will be initiated when the child is placed in file facility and whenever the rate changes. Nays!of Clr 1 Patent s Num I/ 611IIIrlall! Child Dale PlacedCase Number / -t -//- 2 �-iv`�2- Foster Parent's Name Address Anticipated duration of placement is 1 L months. Thu agency will pay S g! y°�R per 'm for roost and board, clothing,personal needs,recreation, transportation, education, rncidenlals and supervision. First payment to be within 45 days after placement with subsequent payments no later than the 15th of the month following provision of tare. If additional amounts are to be paid, the reason, amount and conditions shall he set forth hem Speciatroblems/needs• ❑ No Q'Yes If yes, explain. Special Permissions: Spoial permission for substitute supervision is subject to Community Care Licensing granting an exception to the licensing regulation,which requires that substitute supervision in lite foster horse be Visited to an adult. ❑ Child 15 years or older has permission to remain without adult supervision dunng temporary absences of lite foster paienl(s). not to exceed six 16)consecutive hours in any one 72-hour period. ❑ Substitute supervision may be provided to the foster child by someone 16 years of age or older (not a foster child) during temporary absences of lite foster parent(s), not to exceed six(6)consecutive hours in any one 72-hour period. ❑ Other IExplain) No special permissions granted. Agency Agrees To Foswr Parents Agree To 1 Provide the. Inster parent with knowledge of the background and needs 1. Providn'this child lite nurlure, care, clothing and training suited to his of the child m•ce.ssary Int ef(ective care. This may include n social work needs assessment. medical it•ptnts, educational assessmen),anti identification 2. Dewrfop an unilerslandutg til the mstien+iboiues, uhpvaives. atoll of special needs when necessary. This shall be made available requirements of the Agency in reganl to the care of this child to losier parents within 14 days from dale of placement. 3 Recognize the Agt:ncy's insponsihilay for planning for this chow,as given 2 Develop a plan for the child aril share pertinent aspects with the foster by the court or the parentis) Barents. 4. Recognize any limitations of consent imposed by tile,court or the parent. 3 Inform foster parents they may give the same consents on behalf of the 5. Increase their knowledge and ability to rare for this child. child as the parent. except for those prohibitions provided in Social 6. Encourage the child's relationships with his parents and relatives. Services Manual Regulations, 7. Cooperate in visiting arrangements between child and parents. 4 Not remove lite child with less than 7 calendar dayswrllten notice unless: 8. Not use corporal punishment, punishment in the, presence of others. Ilse child is physically or psychologically erxlangered;court orders removal; deprivation of meals,monetary allowances.visit train parene,home visits, parents or guardians order removal(voluntary placement);signed waiver threat of removal or any type of degrading or humiliating punishment,and obtained from foster parents;removal is from an interim placement directly to use constructive alternative methods of discipline into an adnplive home. 9.Respect and keep confidential information given about the child and his 5 Involve luster parents in future planning for the child.The placement shall family. be reviewed within 6 months. 10. Immediately notify agency of significant changes in this child's health, 6 Assist lite child in his use of foster care. behavior,or location. 7 Assist in the maintenance of the child's constructive relationships with It. Accept the child's special problems as given above in my provision of care. patents andnihw lainity members arid toinvolve parents inlututeplanning i2.Help warn termination of placement inchiding return to his own parents, lot this child relatives►roma,or adoptive placement. 8 Provide procedure for grievances of foster parents. 13. Give the agency prior notice of at least 7 days if removal of child is requested 9 Contact flop child and tester parents at lease once a month. It case plan unless it is agreed upon with Ilia agency that less lime is necessary. would indicaln less frequent contacts,the foster parent will be informed. 14. Conform to the licensing/certification requirements. 10 Inlnnn Instar parents of child has any tendencies toward dangerous 15. Provide slava and federal agencies access to dricutrrentalinn when hehavnrr documentation is maintained on children in 11— I I .....11 Prowde MrvtuCaf caud.or nilur.mitral.....e r .... _�._•_�------... ..._._. RgTCNEtORiy `1 FJA`U �l bC .i 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CAL RNIA 2 TO: THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS : 3 Claimant herein presents her claim for damages against J 4 the above named governmental entity and in compliance with n 5 Section 910 of the California Government Code sets forth in 6 detail the following information: s 7 A. The name and post office address of the claimant J t C8 is: LaPorche Walton c/o Michael L. Alderson Pelletreau, Moses t � _ 9 Larson, Alderson, Jacobsmeyer, Cabral & Vandersloot, 2090 - 23rd C i m 10 Street, P. 0. Box 35, San Pablo, CA 94806. X 0 n0" °� 2 11 B. The post office address to which notices in ) 16 mo o ) z, 12 connection with this claim are to be sent is: Michael L. CN ~ gym ; 0W � N 13 Alderson, Pelletreau, Moses, Larson, Alderson, Jacobsmeyer, ) aN � m 3ooQ 14 Cabral & Vandersloot, 2090 - 23rd Street, P. 0. Box 35, San � daca Ci ° � 15 Pablo, California, 94806. a ? a " 16 C. The date, place and circumstances of the � a 17 occurrence which give rise to the claim are as follows: 18 � Claimant is a dependent child of the Contra Costa County Juvenile i 19 Court. Claimant was placed by County personnel in the home of 20 Earl and Cora Porter, 830 Sonoma Street, Richmond, Contra Costa i 21 County, California, on September 11, 1987, and resided there i 22 continuously through approximately August 8, 1988 . On or about 23 • August 8 , 1988 , while claimant was playing in the backyard of her 24 foster parents ' home, she was attacked and bitten by one or more 25 of the family dogs . Claimant bases her claim against the County 26 of Contra Costa on the negligent placement of claimant in the 1 Porters ' home without adequate investigation to ensure a safe 2 environment for claimant. Among other omissions, the County of i 3 Contra Costa placed claimant in a home where several dogs of 4 uncertain temperament were being kept as family pets, thereby i 5 exposing claimant to attack by said dogs and to serious personal 6 injury. 7 D. A general description of the injuries and the loss 8 incurred, so far as is known at the present time, is as follows: A 9 Claimant sustained extensive. lacerations to her scalp, right om 10 upper and lower eyelid lacerations, right superior and inferior ixo ? 11 canalicular lacerations, ear lacerations, thigh lacerations, J gaV0 12 cosmetic deficit and severe emotional distress due to dog bites. Dau " 13 E. The name of the public employee causing .the injury a 1+ 0 ., 00 v 14 is: Contra Costa County Social Services Department. WON Iz 15 F. The amount claimed as of the date of the z � a " 16 presentation of this claim is: •` 17 I. Medical Specials to Date $ 5 ,309.80 li8 2. Future Medicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unknown 19 3 . Permanent Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . unknown 20 4 . General Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unknown 21 Total . . . . . . . . . . . . . . . . . . $ 5,309.80 22 Dated: February 6 , 1989. 23 PELLETREAQ, MRSVSol LARSON, ALDERSON, 24 JAC 'ISME , CAB & VANDERSLOOT 25 By, 26 MICHAE L. XLDERSONI Attorneys for Claimant, LA PORCHE WALTON Acting for and on Behalf of Claimant, LA PORCHE WALTON —2— r N O M� F Q) m �xJ z m m 7i D m C3 l 1 ° AH o o 80-40 T C� ♦,""r'�1, O Z M m D c�" y z A O D ocVc ( a ` r m Z NA O d XOR -- Ps to. WMA C3 t L-J o 0 ru IF rn0n n w cn Q H trj chi ~ 1Z-3 � H -o :� Fl- N (J (7 Q tdo o L (7 ct y o � � �.w E✓� O Ln cn �77 1-3 w O FC O O dl d QJWW cn raj Q f•.Ri.;Y:kiF l:Kh�.S hN I i CLAIM � o � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION 17e ' the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December. 19 , 1989 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT-re I atives Of . BRADFORD, Bruce Wayne , ATTORNEY:William Godfrey Dayis , Esq . Davis � Hill Date received ADDRESS: 3000 So . Robertson Blvd. #245 BY DELIVERY TO CLERK ON November 27 , 1989 (:via mt. ) Los Angeles , CA 90034 Mgt. ) BY MAIL POSTMARKED: no postmark 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 29 1989 Fp IL ATCHELOR, Clerk DATED: B�: Deputy �dc 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 leaveto present a late claim (Section 911.3). ( } Other: Dated: I4 79 BY: t J J - A 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 ORD . 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: DEC 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code s 411 9/913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: PEC2 0 1983...- BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 3 r NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: Willi odfrey Davis, Esq. Davis & Hi 3000 So. Rober .on Blvd. #245 Los Angeles, CA 900 ® Re: Claim of BRUCE WAYNE BRADFORD Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: X 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name(s) of the public employee(s ) causing the injury, damage, or loss, if known. x 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICT'ORR J. WESTMAN, County Counsel . Y' B j,� � / k",X, , �f� Deputy Cofinty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015.5; Evid. C. 99 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: � _ , at Martinez, California. cc: Clerk of the Board of Supervisors (o iginal) Risk Management vv (NOTICE OF INSUFFICIENCY OF CLAIMS GOV.C.§§ 910; 910 . 2, 920 .4 , 910 .8) DAVIS & HILL ATTORNEYS AND COUNSELLORS AT LAW WILLIAM GODFREY DAVIS SUITE 245 BANKS HUNTLEY BUILDING SUITE (AGBEKO) 3000 SOUTH ROBERTSON BOULEVARD CYNTHIA MCCLAIN-HILL - 634 SOUTH SPRING STREET LOS ANGELES, CALIFORNIA 90034 LOS ANGELES.CALIFORNIA 90014 OF COUNSEL ( 213) FORD COUSER (213)622-1776 (213) 287-0326 KARL H. HENRY - November 6, 1989 The Contra Costa County Sherriff's Department P.O. Box 391 Martinez, California 94553 The Contra Costa County Jail NOV ; 7 1989 1000 Ward Street r4#1.9A!;*WL q Martinez, CA 94553 C t .City Council Chambers 525 Henrietta Street Martinez, CA 94553 Re: Death of Bruce Wayne Bradford, Date of Death August 1, 1989, Date of Birth September 29, 1953, Period of Custody September 29 thru October 1, 1989. Dear Sir/Madame: This office has been retained by the relatives of the above named deceased party to represent them in their claim for Wrongful ' Death occuring while said deceased was in the custody of the Contra Costa County Jail, Martinez, California on or about September 29, 1989 thru October 1, 1989 . At this time we are requesting any and all arrest, custodial, or incident reports concerning the arrest, custody, and death of Bruce Wayne Bradford occuring while in the custody of the Contra Costa County Jail on or about October 1, 1989 . We are also requesting a copy of the Corner's report regarding the circumstances of his death. .� Additionally, we understand that a Coroners Inquest in this matter cej $ijr' has been set for November 29, 1989 at 9: 00 a.m. at City Council Chamber, 525 Henrietta Street, Martinez, CA 94553 ; please confirm this information at your earliest convenience but in time for a representation from this office to attend. Request is hereby made . for permission for this office to participate in said hearings if possible. We have enclosed a signed release from the deceased brother authorizing you to forward the original said requested documents to this office for inspection, and/or photocopying, or to otherwise forward copies to this office. Should you have further questions (no 4,-"Ct 5Urm; concerning this request, please do not hesitate to contact this office. Thank y9d in advance r yout anticipated attention, cooperation, and pr mpt onse Cor i C ll a DA LL illiam God ey vis, Esq. WGD/j as ltrrep.bra a . § o a . ® e 7 \ 1 ( / ` < . \ \ § 0 m > ] z 7. ( § 01 I z m q E U ID C \ \ \ o + / ?/ r c . 8 . 3 \ � af $ Ln 0 / � R � \: ! » ® � : \\��� � �� . ^ � \' - _ \ [© � ! � [± 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 December IQ, 19�9 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $3,000,000.00 Section 913 and 915.4. Pleaseto all "Warnings". County Counsel CLAIMANT:• ANDERSON, Pamela NOV 17 1989 ATTORNEY Stan Casper Casper, Loewenstein & Schwartz Date received MartineZ, CA €'4553 ADDRESS: 1320 Willow Pass Road, Ste. 400 BY DELIVERY TO CLERK ON November 16, 1989 Concord, CA 94520 BY MAIL POSTMARKED:., November 15, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppMMIL BATCHELOR, Clerk DATED: November 17, 1989 BY: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors .) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r Dated: II I 9 BY: , Deputy County Counsel v 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 o.f the Board's Order entered in its minutes for this date. Dated: DEC 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen, of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0 ,98 9 BY:. PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I STAN CASPER CASPER, LOEWENSTEIN & SCHWARTZ 2 A Professional Corporation One Corporate Centre 3 1320 Willow Pass Road, Suite 400 � ll]), Concord, California 94520 4 Telephone: (415) 827-0556 NOV 1 61989 5. Attorneys for Claimant, rwl.R.ATCHEICR PAMELA ANDERSON C!EP.K ORS CC--:'A COSTA CO. 6 De U, 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 TO: Clerk of the Board of Supervisors County of Contra Costa 10 651 Pine Street Martinez, CA 94553 11 .12 CLAIMANT'S NAME PAMELA ANDERSON 13 CLAIMANT'S ADDRESS 300 Calle Molino Pacheco, CA 94553 14 15 CLAIMANT'S TELEPHONE (415) 686-3930 16 AMOUNT OF CLAIM $3,000,000 .OQ,. 17 ADDRESS TO WHICH NOTICES ARE TO BE SENT: STAN CASPER 18 CASPER, LOEWENSTEIN & SCHWARTZ A Professional Corporation 19 1320 Willow Pass Road, Suite 400 Concord, CA 94520 20 (415) 827-0556 21 DATE OF DISCOVERY OF OCCURRENCE July 11, 1989. 22 �3 PLACE OF OCCURRENCE Martinez, California 24 HOW DID CLAIM ARISE This claim is based upon the medical 25 negligence of Dr. John Bringhurst and other staff members of 26 the Merrithew Memorial Hospital in failing to properly and 27 adequately perform a therapeutic abortion on the claimant on 28 March 19, 1989 . Notwithstanding their failing to successfully CASPER,LOEWENSTEIN AND SCHWARTZ A Professional Corporation ONE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 Concord,Calffornia 94520 t 1 complete the aforementioned abortion, Dr. Bringhurst and other 2 staff informed the claimant that the abortion was successful 3 and that she was no longer pregnant. 4 Although claimant continued to see Dr. Bringhurst and 5 Merrithew staff for follow-up visits for the next three months, 6 it was not until July 11, 1989, that the Merrithew staff 7 finally conducted the appropriate tests and procedures to 8 determine that claimant was still pregnant and that the afore- 9 mentioned abortion had not terminated the pregnancy. 1.0 By this time, claimant was nearing the end of her second 11 trimester of pregnancy and could not terminate the pregnancy as 12 she had earlier chosen to do. 13 As a result, on November 11, 1989, claimant gave birth 14 to a baby girl, Michelle Diane. Claimant is an unwed mother 15 who is unemployed and with no income. She did not want to have 16 this child and, but for, the negligence of Dr, Bringhurst and 17 staff, would have terminated the pregnancy. 18 ' The injuries sustained by the claimant, as far as known 19 as of the date of the presentation of this claim, consists of 20 loss of earnings, the cost of raising her daughter to age 18, 21 anxiety, severe emotional distress, and fear. 22 Jurisdiction over the claim would rest in the Superior �3 Court. 24 ITEMIZATION OF CLAIM Loss of earning capacity and the 25 cost of raising Michelle Diane to age 18, $2,000,000.00. 26 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ A Professional Corporation ONE CORPORATE CENTRE 1320 Willow Pass Road — 2 Suite 400 Concord,California 94520 reir%n97_nrrA 1 General damages, including emotional distress, trauma, 2 humiliation, pain and suffering, $1,000,000 . 00. 3 4 Dated: November 14, 1989 . 5 CASPER, LOEWENSTEIN & SCHWARTZ A Professional Corporation 6 7 By 8 AN CASPER Attorneys for C aimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ A Professional Corporation ONE CORPORATE CENTRE 1320 Willow Pass Road — 3 — Suite 400 Concord,California 94520 !d1 Al A77_nrrA O(N _ f" y �V N ON O ? O ✓' rA r1 s � � ID a� a p a d CC O Q C o K_a r 0a r 0� do U 7 u p m u � 1' �°4 i�•. U F A ' errithew RECEIVED emorial O%pD4l%L c�ov r9s9 AND CLINICS PHIL sATCNEi-CA CLERK BnARD®F SUPEgV150AS CONTRA CO TA CO• Deputy B TO: Office of County Counsel November 16, 1989 Contra Costa County FROM: Mark Finucane;N&4/-moi � RE: NOTICE OF INTENT TO Health Services-Director COMMENCE ACTION Anderson, Pamela #500914-7 Infant: #513275-8 Enclosed is a Notice of Intent to Commence Action regarding the above case. This was received by Merrithew Memorial Hospital on November 15, 1989. SP E D coulm i Enclosure NOV 2 0 7999 cc: Risk Management Department 11att°gp?, GA 9404); pey SE Contra Costa County Sr'9 CUUt!'C' G A-301A (3/87) LAW OFFICES OF ANDREW C.SCHWARTZ CASPER, LOEWENSTEIN AND SCHWARTZ TELEPHONE: PETER G.LOEWENSTEIN A PROFESSIONAL CORPORATION (415)827-0556 FAX:(415)827-2264 STAN CASPER ONE CORPORATE CENTRE LARRY E.COOK 1320 WILLOW PASS ROAD WILLIAM HASSLER SUITE 400 CONCORD,CALIFORNIA 94520 November 14, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED Merrithew Memorial Hospital13 2500 Alhambra Avenue � � Martinez, CA 94553 Re: Pamela Anderson Date Birth: 12-09-60 Dear Sir or Madam: This office has been contacted by Pamela Anderson with regard to a possible lawsuit against your hospital and your servants, agents, and employees based upon their alleged professional negligence in treating Pamela Anderson on or about March 19, 1989, and for the three months of follow-up visits . Pursuant to Code of Civil Procedure section 364, enacted in 1975, we are required to advise you 90 days prior to the filing of suit of our intention to do so. This letter will serve as such notice. Our investigation of the circumstances surrounding Pamela Anderson's treatment is continuing, and it is possible that our findings will indicate that there are no grounds for the filing of legal action. But, commensurate with our duty to our silent, we must ensure that her rights are fully protected during the investigation period. I am confident that you would expect no less of attorneys undertaking your representation. Pamela Anderson is claiming items of general and special damage on her own behalf. Very truly yours, CASPER, LOEWENSTEIN & SCHWARTZ A Pr ffessional Corporation TAN CASPER kdm n 9 --�-----' r to o Q z 0 0 h7 G) z Q U A O r o o N m > O A 0 Z O n �v M m d x _ a N to cct o K H �,• rt H y3 M N �f E G Ln CD H C wro x tf 1 0 En to ct r • -+'"fes' `r n� �+. 55 :"9 CLAIM y ' 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 December 19 , 1989 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: $1-31 . 50 Section 913 and.915.4. Please note all -wac cfflf. y Counsel CLAIMANT: BARRIE , Richard NOV 2 2 1989 ATTORNEY: IUM tinez. CA 04553 Date received , ADDRESS: 4100 Irene Drive BY DELIVERY TO CLERK ON November 17 , 1989 °VIQ (JjPfkS Martinez, CA 94553 BY MAIL POSTMARKED: November 15 , 1989 uV I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 22 1989 JpVMIL ATCHELOR, Clerk 8Y: Deputy 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: 22 7J 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 (VI 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: DEC 19 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown .above. Dated: DEC 2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator :j,AZ : TCt• BOARD .OF SUPERVISORS OF ICITRA ;' r; V lappazzt16M t0: Instructions to �'lna-nt tCt$rk.,o'PT.MeBaanC A. Claims relating to causes of action fprr dezth ror- =Dr° .a= =y to person or to personal property or growi_ncg czzpsc►vst; lae presented not later than the 100th day after the .ac;crual of ;tom cause of action. Claims relating to any other cause c: act1'zm m=mst be presented not later than one year after the acz=al sf to =cause of action. (Sec. 911. 2, Govt:. Code) B. Claims must be- filed with the: Clerk -of t-he 'B'o:a=d too STUB rviscrs at its office in Room 106 , CountY .-AdminastratitoTa B=, i.1d a(g<, 651 Pine Street, Martinez , California 94553: C. I. claim is against a distract govern-a #y true Board :of Sumervisors , rather than the County, the name of the 0±sts.. rtvu-Id be filled in. D. If the claim is against more than one 11e atd.ty„ s_Ppa:r,a-e rclaims mast be filed against each..public enti-tT_ E. Fraud. See penalty for fraudulent clzims,, Code 7:2 at end o-Iff this form. _ RE: C 1 a im by ) F3 � �rx Yn EES�r'k -in,g s tamp s Richard Barrie ) i I F� E :.Against the COUNTY OF CONT?? COSTr} ��V- 1 rT�98� PHii u'TCNEi0R or DISTRICT) CLERK 60ARD OF SUPERVISORS CO TP. COSTA CO. ` (Fill in name) ) e ............. D, �r • The undersigned claimant hereby makes claim ey.. ,of- Contra Costa or the above-named District in the s= fob ' and in support of this claim represents as 11/11/89 T. Wheri did the' damage err injury occur?--1Gdve .v. ;aatte a �aour) -_-- While in custody 20:45 hours 11/11/89 2. Where did the damage or injury -.occur? (Irac1 e c ty, az:d aunty) Missing: Pair of Boots $100.00 / Brand new Jeans $23.00 / Socks $2.00 / Shirt $6.50 . 3- -Ho=a` did the aIr,ag.e or occur? j( u !d.e�ails,, use extra sheets if required) Taken from me while under custody What particular act or omission on the art. co� : went or district officers , servants or employees caused ,.the =J)"ary V.r. &=a<ge None - ^. (over) r '.:5..:.:•Jj iat. ar.e.,the...names of county or district officers , servants « j.. ' / employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent - of injuries or damages claimed. . Attach two estimates for auto damage) - -----------------------------------------------------------' -------------- How ------------- 7. How was the amount claimed above computed? (Include the estimated amount of any'- prospective injury or damage. ) -- --------------------------------------------------------------------- 8.--- hames and addresses of witnesses , doctors and hospitals. A- ;Y . -- ----------------------------- - - . 9 .--List the expenditures you mad-e:--on---account--------of---this----accident----------or--in...j-ury---: DATE _` ITEM 7--MOUNT - j i Govt. Code Sec. 910.2 provides : "The claim signed. by the claimant' SEND NOTICES TO: (Attorney) or bv_ some Gerson on his behalf. " I Name and Address of 'Attorney Claimant ' s Signature 4100 Irene Drive Address Martinez, California i Telit hone No. Telephone No. 370-1816 NOTICE t i Section 72 of the Penal Code provides: "Every person who, with intert 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. " PROPERTY/CLOTHING'Fct� CONTRA COST+.,COU N-TY REC. N0.5 o OR`�K x ;. ,, DATE:////' ,g7 RACK# MDF TIME: �® CLHBOX MCDF 1,!ROP.BOX WFC NAME: �s� i6��?�� �1 WC.lC BOOKING-NBR: OTHER axiom eta r CASH: $ _ Y 'SH_IB_ BLOUSE ❑ DRESS COA JACKET ❑ TIE/SCARF TS/PANTIES ❑ JEWELRY' Q OS/NYLONS ' ❑ SWEATER/SWT. SHIRT WATCH ❑ BELT �l PkS/SKIRT - �� SHOE —O ❑ T-SHIRT/BRA ❑ WALLET ❑ HAT/PURSE ❑ KEYS ❑ KNIFE ❑GLASSES ❑ OTHER- BKG OFC: X INMATE SIGNATURE have received all of my per DATE: sonal property.,and clothing. REL OFC: X INMATE SIGNATURE CERTIFICATE OF RELEASE As required by the provisions of Penal Code Section 851.6 (as amended by Stats. 1970, Ch. 1603), I hereby.certify that the taking into custody of jD 15 46- on Subject's Name (Date T by the N v24 60L5-12, <y Name of agency taking custody was a detention only, not an arrest. /CY A" 9A��1/25' was released on subject's name 4L— /,ff by the "IWA e S1, t10 Date Name of Releasing Agency -pursuant to the provisions of:a Paragraph (1) of subdivision (b) of Penal Code Section 849; or: Paragraph (3) of subdivision (b) of Penal Code Section 849, pertinent portions of which appear on the reverse of this certificate. F (Signed) Title State also whether releasing officer or his superiorVofficer) CHARGES . (a ffa'�` Y �• .. n r , • 1 v Gta 34J 5 � 2 co c t+ ;7 I e+ )r �CO ww 4 � O O po O O d P et ` o- �1 O Ca f, CP 7 N � U � N � ra � �iii 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 December 14?, 1989 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 Governmer060t Amount: $250,000.00 Section 913 and 915.4. Please note all "Warnings". U y �'OUns�� CLAIMANT:. BALDWIN, Diane N O V .171989 ATTORNEY: Mr. Daniel A. Stenson Martinez. CA S4553 Hill, Schwartz, Stenson Date received ADDRESS: 472 Jackson Street BY DELIVERY TO CLERK ON November 14, 1989 San Francisco, CA 94111 BY MAIL POSTMARKED: November 11, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pM DATED: November 17, 1989 UV BATCHELOR, Clerk eputyII.\FROM: County Counsel TO: Clerk of the Board of Supervisors (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: (( ( BY: )- Deputy County Counsel U J 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 ( 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: DEC,19 1989 PHIL BATCHELOR Clerk, By ,, �- , Deputy Clerk WARNING (Gov. code sect 13) Subject to certain exce�W ons, you have only six (6) months from the date this notice was personally served or_.�_ deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 O 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator IN THE MATTER OF THE CLAIM OF , RECEIVED! DIANE BALDWIN ) , NOV 1y 19$9 PHIL BATCHELOR CLERK BOARD Of SUPERVISORS against the County of Contra Costa ) CONTR COSTA Co. B Deputy ) 1. NAME AND MAILING ADDRESS OF CLAIMANT: DIANE BALDWIN c/o Daniel A. Stenson Hill, Schwartz, Stenson 472 Jackson Street San Francisco, CA 94111 2. SPECIFY TOTAL DOLLAR AMOUNT OF CLAIM AS A DIRECT RESULT OF THE INCIDENT: $250, 000. 00 IF THE AMOUNT IS UNSPECIFIED A THIS TIME, BUT EXCEEDS $10,000.00, CHECK THE APPROPRIATE COURT JURISDICTION: Municipal Court XX Superior Court 3. HOW WAS THE ABOVE AMOUNT CLAIMED COMPUTED? (Please attach all supporting documentation) The amount above represents general damages of $250, 000. 00. Special damages to date are unknown. Additional medical and related expenses may be required. 4. WHEN DID THE DAMAGE OR INJURY OCCUR? May 15, 1989, and thereafter. 5. WHERE DID THE DAMAGE OR 'INJURY OCCUR? At Merithew Memorial Hospital (the County Hospital) in Martinez, California. 1 6. PLEASE EXPLAIN THE CIRCUMSTANCES THAT . LED TO .THE ALLEGED DAMAGE OR INJURY. STATE ALL FACTS WHICH SUPPORT YOUR CLAIM. IF KNOWN, IDENTIFY THE GOVERNMENT EMPLOYEE(S) THAT ALLEGEDLY CAUSED THE DAMAGE OR INJURY: Claimant went to Merithew Memorial Hospital in labor on May 15, 1989. After 17 and 1/2 hours of labor claimant delivered her son, Justin, at 7: 46 p.m. Two spinal blocks were required during labor and the attending physician ripped open the birth canal area during delivery. It took the attending physician some 45 minutes to stitch up the incision made during delivery after the delivery had been completed. Subsequent to the delivery claimant developed an infection and sought follow-up medical care at Merithew Memorial Hospital. On June 13, 1989, claimant was told to use hot salt baths for treatment of the incision-related injuries. After further consultation surgical repair of the incision was performed at the County Hospital on September 28, 1989, and claimant remained hospitalized until October 4, 1989. Claimant knows that she received medical care from Doctor Mbanugo during the course of her delivery and thereafter, and also subsequently received care from Dr. Van Duran, Doctor Hobert and Dr. Carlsen. Claimant does not know the names of other County personnel who participated in or are responsible for the medical care she received at Merithew Memorial Hospital. Claimant believes that the medical care she received at the time of her labor and during the delivery of her son, as well as the follow-up care she received, was below the standard of care, causing her to suffer an infection, difficulties with an improperly healing incision which required surgical intervention, and other damages. 7. WHAT SPECIFIC DAMAGE OR INJURY DO YOU CLAIM RESULTED FROM THE ALLEGED ACTIONS? Claimant DIANE BALDWIN suffered an infection, pain, numbness and discomfort associated with an improperly made and improperly sutured incision which required surgical intervention, mental and physical shock and suffering, and other injuries, as a result of this incident. Claimant continues to experience pain, numbness and other difficulties with the incision area and requires regular medical monitoring. 2 8. SEND OFFICIAL NOTICES AND OTHER CORRESPONDENCE TO: DANIEL A. STENSON HILL, SCHWARTZ, STENSON 472 Jackson Street San Francisco, CA 94111 Telephone: (415) 398-2434 SIGNATURE OF CLAIMANT OR CLAIMANTIS ATTORNEY DANIEL A. SIftNSON Attorney for Claimant 3 l ` PROOF OF SERVICE BY MAIL I, the undersigned, say: I am a citizen of the United States and a resident of the State of California. I am over the age of eighteen years and not a party to the within entitled action. My business address is 472 Jackson Street, San Francisco, California 94111. On November 13 , 1989, I served the within CLAIM FOR DAMAGES on the interested parties by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Clerk, Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 I, Gayla Pickford declare under penalty of perjury that the foregoing is true and correct. Executed on November 13, 1989, at San Francisco, California. GAYLA ICKFORD 4 N . H Lo � O AA Irk 7 E At ov � d yG � to cr jao a4 th r� x t�1 ly O u. }+ny •. 4 < 1 V g N 4 d N N d 4 •�' Z N N F t CLAIM �' I Ll 0 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 December 19 , 1989 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: $408 . 70 Section 913 and 915.4. Please note all .tWap`gso ��� �� CLAIMANT:- WILFERD, Randy Jr. 19$� ATTORNEY: g;rti 1e,T, CA 84553 Date received ADDRESS: 2864 Clearland Circle BY DELIVERY TO CLERK ON November 22 , 1989 West Pittsburg, CA 94565 (hand deliviE�med) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �aIL gATCHELOR, Clerk Ca DATED: November 22 , 1989 : Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Su visors 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: �27 99 BY: (4A0 VA9JDeputy County Counsel 0 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 o.f the Board's Order entered in its minutes for this date. Dated: DEC 1 9 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this.claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 n 19a9 BY: PHIL BATCHELOR by4§�2�.�Deputy Clerk CC: County Counsel County Administrator ,Q1,,aim 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 and7which 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. I'f 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 n Hand &Ud /30 > RECEIVED Against the County of Contra Costa : ) NOV a� 1989 or ) PHIL BATCHELOR District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ) By •..•••• Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ r /� and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) e dem her' 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) - 4. What particular act or omission the part of county or district officers, , servants or employees caused the injury or damage? (over) 5. What are the names of county.or district officers, servants or employees causing the damage or injury? C ) 5. What damage or in do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Lea L_ (c -�----- --------------- ---- --------------- 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. 0. 13 41 5 a.i ------------------------------------------------------------------------------------- 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, ua:f') orb some person on his behalf." Name and Ad dress;:ofekttor'neyl n n,d.rao•+...mx,.w.o:.c,,.«....w.s..rs-,+r,.....ase+mrrv:a«.rwz•v.:' C imant's S gnatuf`rel� (Address) V Telephone No. Telephone No. �j �G 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 exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. RandyWilfred Nov . 9 , 1989 ATTACHMENT ITem 3 . I stopped at the intersection of Willow Pass and Port Chicago in West Pittsburg . I started to proceed , but I had to stop because a person was in the way . Officers were pursuing the person . In order to control him, they pushed him down on the hood of my truck . In the process of restraining him, the officers severely damaged my hood . Item 4 The officers pushed the suspect on to the hood of my truck and used it to help them restrain him. Item 6 I am claiming damage to the hood of my vehicle . It was bent , creased , dented and scratched . It was indented so far it touched my air filter . . ,moi �c.�-k��.s on ��le. w��h 51�►�.ri t T' MIKE ROSE'S AUTO BODY INC. DBA m rTkl_li � 1 " Fw\� l t(i BODY /(MAKE �-+� YE/ O STYLE C�OLOp D MILEAGE LICENSE . �� SERIAL NO. - 686 17 3 J INSURANCE COMPANY CLAIM# 2001 FREMONT ST. CONCORD,CALIF.94520 A COMPLETE QUALITY PAINTING & REPAIRING SERVICE ADJUSTER PHONE TOWING - FRAME STRAIGHTENING - EXPERT COLOR MATCHING NAME )t HOME#LI'5 WORK# REPAIR REPLACE E5 ATE OF REPAIR COSTS PAINT BODY PARTS SUBLET .'x `l6i ._:1' `t .s k , PARTS PRICES SUBJECT TO DICE f¢ ALIGNMENT HRS. @ $ Per Hr.. $ ,y PARTS- $ ' �` CHARGEA/C !�� AIM HIL PAINT MATERIALS $ t SUBLET-PARTS $ STRIPE SUBLET- LABOR $ COLOR MATCH STORAGEITOW $ `'! SALES TAX $ TWO TONE! 'f TWO STAGE GRAND TOTAL $ 4 k - ;!d ROCK GUARD THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS BEEN STARTED, WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES, PARTS PRICES TOTAL ' SUBJECT TO CHANGE WITHOUT NOTICE.THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. Z. O � U d Z ov o N o IS 40 0- C, O `L tr ^' ° O N v ap Y y00 N O 4 s Nd y is p w p LLQ W �►! C4 Y 7 0 a y pW ZZd Z� tt s A ptt: t. OU,L °'� mN 67 p w d� 7ow M, 7 � ° t7 r70L� p 3 S7 r w 6 O � O dl0 ytiNm Q w0y O .2 Qm rG t0 OyJj L O Z U r �, m •�O A•`+'u"rf� Y�y Q O � UZwU O�� 0010 U �,t LL UN a 1 z° op wd and o � w a t rN 1 7 j c, W p a ?tt ? o a0 l� 2 7 00. p a dr. Q, N 7r NZw Z° O a � arya, mrd 70�r 7 7' 10 00UO d d UZrUd � ci Sol 0 4 0 C.O 4 G G N O NtA d � ; Q o� N r 9 � 0 O dvT 0 90 7 Sai 'O O Ot C O � 4 N D p"G t0 W �A � d U a ZQ°�' �' 'L 00 of OU wm d �c dyd ° 0 L) �0 �000 V Z e Sp�Y N W aC o O �'�+r uyff War- c r0 N¢ X71Ph 0 � r`-0Q � .0. — Al O < D c0 .0m3 � Z 0 cncn � -1 � 0p ° cQ ° uOiN � 0 •• NNSM@(n 3 m � CD 0 Ooh � 0 (� 0_ C C om I 0 � 0 n� 30 I p `� 3 ED I 3 3 3 3 I ; � I ° 7 o wca o c3 'c0 � ° ° �' �, o g N a0 0 o � a O a) --0 m _. C o �, a o 3 r o3 � y CL 2) �'Owc —hw 0 scopo -»,K r. Xon .. 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D m 0 n Q� �O — QC o° 0 0 � CD LO SD :r ori � w ° 3 70 w 0 x Nm � mwm ° a'• M wo � � -n ? o =� Q `< w c w 0 Qw r* D 3 � � a w � w c �' _ ° m 3 � mQWcn -1 0 � � 0 ° 0M c0 'C OL c tD 0 m � j m w N .� w 0 c m O. o � z 3 (1) (J) c 3 m 0- !D n3w � m 0 � 0 .. m m (D0 T mom n �,_ � 0 00Q �, 0 .i. 0 3�' c 1 -1cn r ° 0 PP m CD CD 0 N w 3 C M 3 m 0 ° -% C 0 w m 0 �D cQ =r 0 m n 0 O N OL -1 c m rn3 3 '* m 0 < cD c Q 0 w. Q7 •* 00 �. 7 m O Q =� -" 3c 0 D w e 3 ? co ° 0 c w 0 N Q 0 O 0 - .03 N Q w N 0 .N+ 5D N* 7 to m Q •v 7 �' .. Q 0 N CLAIM C/ 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 December 19 , 1989 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: $5 , 000 , 000 . 00 Section 913 and 915.4. Please note all "War 6ttity cOunsei CLAIMANT:- JAIME , Jerry Jr . - NOV 28 Jog, ATTORNEY: AaPrfofessionalCorporation Date received ����. %_4i .945,53 ADDRESS: 2033 No . Main St . , Ste . 750 BY DELIVERY TO CLERK ON November 27 19,99 Walnut Creek, CA 94596 BY MAIL POSTMARKED: November 22 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 28 , 198-q .— 8pp IL BATCHELOR, Clerk �: Deputy 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: ,Da Dated: L1 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: DEC 1 9 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code - n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DE-G2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r_r : JAMES C. GLASSFORD ATTORNEY AT LAW A PROFESSIONAL CORPORATION JAMES C. GLASSFORD 2033 NO. MAIN STREET, STE. 750 ATTORNEY AT LAW WALNUT CREEK, CA 94596 (415) 9774078 November 22 , 1989 Clerk Board of Supervisors r, County of Contra Costa 'V'9 651 Pine Street �� ?, Martinez, CA 94553 Pt�'P 4DOF Fl}�RWSORS Re: Claim Against a Public Entity CLEFV,O� C 'TA o. Deut Claimant: Jerry Jaime, Jr. r. .. Date of Accident: July 27 , 1989 Dear Sir: Enclosed for filing is the above referenced claim with one copy. Please endorse file the copy and return it to me in the enclosed self-addressed, stamped envelop. Thank you for your courtesy and cooperation. Yours truly, JAMES C. GLASSFORD a Professional Corporation by J es C. Glassford 1 BEFORE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 2 3 In the Matter of the Claim of � Jerry Jaime, Jr. , E` EIVD 4 Claimant, 5 VS. NOV 2 71989 PHI,BATCHELOR 6 The County of Contra Costa CLERK BOARD OF SUPEMSWS 10 ITI N CIA o. B ... De ut 7 8 CLAIM AGAINST A PUBLIC ENTITY 9 JAMES C. GLASSFORD, a Professional Corporation, hereby presents 10 this claim to the COUNTY OF CONTRA COSTA, pursuant to Section 11 910 of the California Government Code: 12 1. The names and post-office addresses of the claimant is as 13 follows: Jerry Jaime, Jr. , 4320 Hillview Drive, Pittsburg, 14 California 94565. fly 2. The post-office address to which JAMES C. GLASSFORD, a 16 Professional Corporation desires notice of this claim to be sent 17 is as follows: 2033 No. Main Street, Suite 750, Walnut Creek, 18 CA 94596. 19 3 . On or about July 27 , 1989, Claimant received personal 20 injuries under the following circumstances: claimant fell from a 21 spiral slide on an exhibition known as the "Through the Looking 22 Glass" Fun Zone, operated by Carnival Time Shows, Inc. , in the 23 Kiddieland section of the Contra Costa County Fair Grounds, in 24 the County of Costa, State of California; said amusement was 25 maintained in a negligent and careless manner creating a 26 dangerous condition on public property; and further, public 27 employees negligently and carelessly failed to inspect, 28 maintain, control, erect, adjust, assemble, and supervise said Page 1 I amusement, in that the sides of the slide shoot were dangerously 2 low, and the supporting members of the slide shoot were not 3 properly adjusted to prevent children from falling out of the 4 side of the slide shoot. 5 4 . That as a direct and proximate result of the 6 carelessness and negligence of said public entity and its I 7 employees, Claimant sustained personal injuries consisting of I � 8 severe fracture of the left arm and other injuries in and about 9 the body generally. 10 5. The true names and capacities of the public employees 11 responsible for the accident referenced above are unknown to the 12 claimant and JAMES C. GLASSFORD, a Professional Corporation, who 13 therefore claims that Does 1 through 100 are in some way 14 responsible for the damages of the claimant. 15 6. So far as it is known to JAMES C. GLASSFORD, a Professional 16 Corporation, at the date of filing this claim, claimant has 17 incurred damages in the amount of Five Million Dollars 18 ($5,000,000.00) due to the following damages: the medical 19 expenses for his treatment and general damages now and in the 20 future; and future loss of income. 21 Dated: November 22, 1989 22 Respectfully submitted by 23 JAMES C. GLASSFORD a Professional Corporation 24 25 26 by Jaes e'- Glassford 27 t 28 Page 2 x � 2 \ � e ¥ * � � « � A / r / 0 �:sti � ¢ C o @ V-h@ 04&24 CD y mDCD 4 % e 9) % $ _ / � ~ tn p \ _ � lf § _,`:�".- 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 December 19 , 1989 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100 , 000 . 00 Section 913 and 915.4. Please note all "Warni n t" oun$y Counsel CLAIMANT:-ALVES , Colleen NOV o 8 1o69 ATTORNEY: Robert W. Brower, Esq .' Martinez Date received CA 94553 ADDRESS: 3433 Golden Gate Way, Ste. D BY DELIVERY TO CLERK ON November 27 , 1989 Lafayette, CA 94549 (hand delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PQHHIL BATCHELOR, Clerk DATED: November 2&, 1989 BY: Deputy 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: �I '1� ' �oj BY: �. /JWA 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. Q Dated: D E C 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board .Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVE NOV X71989 CLAIM AGAINST PUBLIC ENTITY PHIL BATCHELOR CLERK i$OARD OF SUP*_*Wxops,, ONTRA STA CO. B .. Depwy TO: THE COUNTY OF CONTRA COSTA COLLEEN ALVES (Patient # 498214-6) hereby makes claim against THE COUNTY OF CONTRA COSTA for the sum of $100,000.00, and makes the following statements in support of the claim: 1 . Claimant ' s mailing address is: c/o Gloria Alves, 342 Flores Court, Pacheco, CA 94553. 2. Notices concerning the claim should be sent to claimant and to attorney Robert W. Brower, 3433 Golden Gate Way, Suite D, Lafayette, California 94549. 3. The date of the occurrence giving rise to this claim is June 4, 1989. The place of the occurrence was Merrithew Memorial Hospital , 2500 Alhambra Avenue, Martinez, CA. 4. The facts giving rise to this claim are as follows: On June 4, 1989, claimant was negligently told by employees of THE COUNTY OF CONTRA COSTA to have her gallbladder removed. On June 5, 1989, claimant ' s normal gallbladder was removed negligently by employees of THE COUNTY OF CONTRA COSTA causing injury to claim- ant ' s common duct. Thereafter, employees of THE COUNTY OF CONTRA COSTA fraudulently concealed their negligent conduct by telling claimant and her mother that the gallbladder had been gangrenous. 5. Claimant ' s injuries and damages are scarring , loss of her gallbladder, further surgeries to repair her common duct, pain, suffering, emotional distress, and mental anguish. 6. The name of the public employees causing claimant's injuries are Michael Baker, M.D. and Charles Renner, M.D. 7. The claim as of the date of this claim is $100,000.00. 8. The basis of computation of the above-amount is as follows: special damages for present and future medical expen- ses, and general damages for scarring, pain and suffering. Dated: November 22, 1989 Robert W. Brower, Esq. Attorney for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 19, 1989 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: $500r00 Section 913 and 915.4. Please note all "WarniVV6bIAt (tJJ Y Counsel CLAIMANT- HUGHES, Maria R. NOV 17 1989 ATTORNEY; Date received Martinez: CA X4553 ADDRESS: 1150 Metten Avenue BY DELIVERY TO CLERK ON November 16, 1989 Pittsburg, CA 94565 BY MAIL POSTMARKED: November 15, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 17 1989 QQHHIL BATCHELOR, Clerk DATED: 8Y: Deputy 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: r JLM Dated: BY: ( �• /� Deputy County Counsel U III. FROM: Clerk of the Board TO: County Counsel (1) County Administr for (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD . 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: DEC 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se ti 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited .in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0- 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 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 lis against a district governed by the Board of Supervisors, 6rather 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 1�2 Ila��� C Against the County of Contra Costa £!3 or ) mov 1 Y� ,Ul/ District) CCE.:xsoa.;�no,su�trv: ..,.. Fill in name ) ........ ,. Coy,.,cc. ue �r The undersigned claimant hereby makes claim against the ty of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) --� --J;L `��'----L °1J - --------------- 2. Where did the damage or injury occur? (Include city and county) t b 6- - CA------------ nt c!��o�s a>Coote 3. How did the damage o injur occur? (Give full details; use e tra paper if required) `� W` , � Imo✓ O-�/�� Q.�7``�pQO ��'`"�' i�/ Gta'L" c2�C!/ - ----- -- -------- ------------------------------%------- --------------- 4. What particular act or omission on the part of county or dis riot officers, servants or employees taus d the injury or damage?� , (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, you claim resulted? ` (Give full- extent.of injuries or damages claimed. Attach two .estimates for auto damage ._ ­ __22 ------- - _� '------ wd? ------------------- 7. How was the amount claimed above comput � (Include the estimated amount of any prospective injury or damage.) -✓ - =--- �-- -- --- ............. _-- pO-- 8. Names and addresses of wi �nesses, 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' b some person on his behalf." Name and Address of Attorney Claimant s S' ature (Address). A/56) 3 Telephone No. Telephone ? 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. - T �s ,.�u- .., - .. -',,u4•'V.,,• - JESS HERNANDEZ BODY SHOP 107 Bliss PITTSBURG, CALIFORNIA 94565 ESTIMATE OF REPAIRS 24 HOUR TOWING Phone: 432-3000 NAME / ADDRESS CITY 5T E ZIP ���/� 14Z �" AKg C5F'VR EARY LICEN E N0. MILEAGE MOTOR NO. AND iOR`SERIAL NO. INSURED BY: ADJUSTER I SPECTOR PHONE HOME BUSINESS FRONT Lb,. Lbr. _ . Lbr. Hrs. PARTS LEFT Hto. PARTS RIGH Hrs. PARTS Bmpr - ( ndr Bmpr Reforce Bar Fndr. Bmpr Impact Strip Bmpr Brkt Fndr Shld Bmpr Gd Fndr Shld - Bmpr Tip R L - Fndr Mldg Bmpr Bolts & Shims Fndr Mldg Bmpr Filler Hdlmp Valance Grvl Shld Hdlmp Door Prk Lite .a..Hd Imp Sealed Beam Frt Syst Hdlmp Door Cowl—Post Frame Door (Frt) + Mbr Sealed Beam Cowl-Post Door Hinge Wheel !- Door (Frt) Hub Cap Door Mldg It Door Hinge Hub & Drum Door Lock Door Mldg. `) Knuckle Ctr Post . Door Lock Up Cont Arm Door,(Rear) Ctr Post Lr Cont Arm Door Mldg Door—(Rear) Shock - _ - - - Rocker Pnl Door Mldg Rockr Mldg Tie Rod Endsj Floor ff Rocker Pnl Agr. Pnl ,Grille Rockr Mldg Grille Panel t Floor Qtr. Pnl Qtr Mldg Park Lights R L Qtr Mldg Qtr Ext Qtr Ext Lock Plate Lr Whl Hag Whl Hsg Lock Plate Up MISC. REAR Frt Seat Hood Bmpr Rear Seat Hood Hinge Bmpr Brkt Wndshld Hood Mldg Bmpr Impact Strip Bmpr Gd Wndshld Kit Bmpr Filler Hding ! Rad. Sup Back Up Lite op " Rad. Core Lwr Body Pnl r Tire %Worn . . Coolant Batt Rad Hoses & Clamps Tall Lite R L- Palnt&Mat. Fan Shroud - Paint Stripping Fan Blade Trnk Lid/Gate AUTHORIZATION FOR REPAIRS Water.Pump Trnk Lid Hinge You are hereby authorized to make the above repairs. A/C Core Trnk Ud Mldg Rechrg A/C Signed Floor O Frame +Mbr. HRS. Mir MIS Gas Tnk PARTS Tailpipe —Mfflr Trans Linkage Axle SY18tET /V/ Spring TOWI H GE Hub & Drum Wheal SALES T X Antenna Valance 000-71AL CODE: A—Al i gn — Ex & X = Exchange — N —New — OH a Over haul — P—Pai nt R-Repair —S-Straighten—U-Used All Materials Sub)ect To Price Change At Time Of Invoice. Do uctiblelMust Be Paid Before Car Will Be Released bAa "3 .5'•��. 7 r,A+$lt9R..8 EZ.WJ/o U, SHOP SHOP 54��N� 1(3!H. PI-I TSBURG -ESTIMATE OF REPAIRS VERATEf BA AGREE ENOS�NODLB 0 N6'1 STRIA OR, OWNER; -.., -. - - -DATE - . . /14 9C7 17 ADDRESS - - - - PHONE EST. NO. '. INSURANCE CO. ' :ORDER NO ADDRESS - PHONE LICENSE NUMBER YEAR-MAKE _ .MODEL (//\� . MILEAGE MOTOR NO.- SERIAL NO. 419�5 4PM6 For to WAILING ADDRESS 172 YOSEMITE DEQ. PARTS.PtiCES BASER ON SfANi>t4RQ CATALC?G PROCi}REMENTPRtCE tdS1S BUBJEGT Tfl C�fANGE WIfFtOU71..... TOTAL. PROCIiREMENT AND DELfWERY CHARGES MAYBE ADDED FOR SPECIAL SfBViCE Qdd ITEMS NOT AVAILABLE LOCALLY, MATERIAL QLD PARTS REMOVED FROM CARS Wf11,BE 1UNKED likif'' QTHERWISE INSTRUCTEP tN WRITtNG. TOTAL TABN €ST}'kEATE'BA5EE) ON OUR fE+1SPECT}#N ANE?DOES NC)T GOVEI2 A3p1TIONAk PChi MAY 9E EQU[ D At TER TH£WORK tiA5 BEEN OP€NEp UP,OCCASI<,7NAkkY AFT€RAR EES O ART R€tSiSGOV.EREp Wl }GH ARE NOT EGID€NT Oty FIRST INSP€C.TION. TOTAL MATESTIMATE ES I1MAf€D BY APPROVF_D BY AUTH:C3RIZED ANt ACCEPTED PAIDOUT-TOW&STORA SUBLET REP U ' ::E3Y QWtVI=R QFtAG.ENT DATA � � . 4H 429'RE®YFORM k s CO i i~ l \7FS � d cn 0 aaU �d na coAV Liv OZ 70 :e4 OC co 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 December 0, 1989 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: ,$75.00 Section 913 and 915.4. Please nodso%jt ad6inngs1l unsbi CLAIMANT:. VAUGHN, Kathy NOV 17 1909 ATTORNEY: Date received Martinez. CA M, 53 ADDRESS: 48 Saponi Lane BY DELIVERY TO CLERK ON November 16, 1989 (inter—office) Pittsburg, CA 94565 BY MAIL POSTMARKED: November 13, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH gg DATED: November 17, 1989 JV DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Su visors 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: _ S 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: ❑E C 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se d o 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served oA deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 ^,LAIN%.TCS BOARD OF SUPERVISORS OF CONTRA C0eiurRI 1T5ivLl appHcatlen t0: Instructions to Claimant Clerk of the Board P.O.Boz 911 A. Claims relating to causes of action for death or �on,zCan� 4553 ri=yo 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 'th6 'accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be- filed with the Clerk of the Board of Supervisors at its office in Room 106 , County _Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. if the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: C :aim by ) Reser-red fuer Clerk' s filing stamps RECEIVED. Against the -COUNTY OF CONTRA COSTA)_ NOVA 1989 PHIL BATCHELOR or DISTRICT) -* CLERK BOARD OF SUPERVISORS (Fill in name) _ ) CONTRA COSTA CO. B a. Deput . The undersigned claimant hereby makes claim against the Couty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) °�-•/'U-d� '2 r Lr��L /�.,ern Z. There slid the damage of injury occur. (include city and county)---- ------------------------------------------------------------------------ 3. How did the damage or injury occur. (Give full details , use extra sheets if required) Ir-e- ,uya, --Aa 46e4 dleAf 6- m&4-4 � RincL"h<_ � 4,411-1 3 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? `"`, /a)At--c-d- w1- O-t% fes lam, Ctvc�k ,cr ,ate o1C.GLC�- .4104t-"A,' _ homes , h4;& pae_�e, zat. ar.e.:the...names of county or district officers, servants or J I employees: causing the damage or injury? :f�'�• t2� P it ------------------------ ------------- 6. What damage or injuries do you claim res ted? (Give full extent of injuries or damages claimed. Attach two estimates for auto 7 . How was the amount claimed above computed? (Include the esta.mated�6�- amount of any prospective injury or damage. ) Avli 7a Lr pa e,iCaqc. � S 1 eo p L Sk. e 5-bK -) ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. -D epzz:zif 4A-01,6410 �p •�2ca.,,vcol< our �t� c�:z� (,cl��.J p�-�`t� ------------------------------------------------------------------------- - 9 . f_5. .,-.,-h s you made on account of this accident or injury: DATE ITEMP?MOUI�T t r r d a�,dY�y 4 1/a�� �e iml/ �.�r�°j' Viso � 4 yam- Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some Derson' on his behalf. " Name and Address of 'Attorney C1 imant s Signature vrtc Address 12 � .� Telephone No. - tp Tele hone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intert to defraud, presents for allowance or for payment to any state,. board or office,,-- , 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. " t,. il cas i ,# � .�_ ,•� rr µFS i' j CLAIM �• y 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 December 19, 1989 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: $221..00 Section 913 and 915.4. Please note all "Warnings" County CiouNe1 CLAIMANT:• GLOVER, Ervin R. e ATTORNEY: Date received Martinez,. CA 94553 ,ADDRESS: 1032 Montezuma BY DELIVERY TO CLERK ON December 1. 1989 (via Cle k's Pittsburg, CA 94565 ice BY MAIL POSTMARKED: 'I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH gg DATED: December 4, 1989 BYIL DeputJL Clerk II. FROM: County Counsel TO: Clerk of the Board of Super ors (�+) 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: �Z'� ' r) 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 �ThisClaim is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: n F P, 1 9 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk 10, CC: County Counsel County Administrator _LAIM,' T0.* BOARD OF SUPERVISORS OF 1CBNT '�O eturMi�i� applicatiom I.W., Instructions tn) 1CjaL=ent 'Clerk of the Board F.0.Box 911 r 'Mlarti.nez,CalifornIA 94533 A. Claims _rel lating to causes of action for �.d ztla �ox zar" in3.,ury to person i_or' to .personal, property lor`- •growircl •.c=_V s mist `be presented not later than the 100th day after the acc al of the cause of action. Claims relating to any other aawse c)f Taction must be presented not later than one year after ' :rua.l of the cause of action. (Sec. 911. 2 , Govt. Code) i B. Claims must be" filed with the Clerk of --the '-Bcerid0l' SU pervisors at its office in Room 106 , County _Admilstrathon Building, 651 Pine Street, Martinez , California 94553: C. If claim- -is againstq a district,. governea3-,A 'EjDe- iB�oard of Supervisors , rather than the;County, the: name of "tka 1 tr f.ct should be Tfilled in. D. If the claim is against more than one p-,nb1iz rentdty,, separate claims must be filed against each.,public entry.. E. Fraud. See penalty for fraudulent cla:�. ?eau l Code Sec. 72 at end o.ff this form. RE: Claim, by ) Reserved fior Clerk' s fng stamps Eryt n G laver IV a /031 (n0 umcs vL'a CAarl:5 0%;Ce Against the `�COUNTY OF CONTRA COS ) DcC 11989 LM",5ATC aEFoK or DISTRICT) CLERKCOA,6aFSUPE V!50RS C N COSTA CC. (Fill in name) • The undersigned claimant hereby makes claimi ap 1�-t the Cu tb of Contra Costa or the above-named District in the smm of „ and in support of this claim represents as: fo11vws_ 1. When .a. �i the, damage or in ury occ (�: ve � t date ny h urj (� __ _1_ _�_ 2. -W-}ere dici' th damage or injury occur? ( acldfe :city and coAiAn ty - Q � - - c��-- � _ 3. How-did--the�--ge or injury occur? fivefm-12 details , use extra . sheets if required) 9 . What particular act or omission on t ,part of county or district officers , servants or employees cause-& the Im-"U or damage? Am n (over) 1 '.:5.:-.•j' zat. are. tbe,.names of ..county or district officers, servants or I employees:: causing the damage or injury? ;r 6 What damage -or injuries do you claim result d? (Give ull extent of injuries or damages claimed. Attach two estimates for auto damage) -- 7 . How was the a ount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ----- ----�a_a --- �'1- -=="==-- A-9.-L-- - S. Names adresses of witnesses , doctors and hospitals. - - - - ------------------------------------------- - --------------- 9 .--L-is-t--the---e-xpenditures you made on account o.f , this accident or injury: DATE ITEM i I-MOUNT Govt. Code Sec. 910 .2 provides "The claim signed by the claimant SEND NO'f—ES�! ,O--.j« (Attorney)' or by some cer on on his behalf. " Name and Address of 'Attorney Q ,...:_ Clai t Signatu e WM Addr s ' Telephone No. Telephone No. 43L-335"3 NOTICE =Section ,72 of the Penal Code provides : - x. "Every person who., , with intertl to defraud, presen�.s., for allowance or for payment`s _6- any. state, aid' or- ' ff�cer,, or'' to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , anv false or fraudulent claim, bill, account, voucher, or wri ming, . is. guilty 6.1 a felony. , f.. 4` i7 h J LL a � e Al (ZC .. O J N Q Q , .. m Q I-- "' � a ~ 7 CL LL. U ;� NQS Z � = Q Z o❑ w b- uj u QO Ca r, J N > IN t 0 -s L . ® w cn I Ne Z V } ^` Y O LU I Z \+ Q,O wLL O I� Z O z o pt 3 0 w LLI LU W m Y U N w11 ♦— J .t Q - Qd0 ❑ DDO m D CL a F- Z O m .9 0� c7I- -. v rn© tp O G .Q G ' CLAIM y BOARD OF- SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 4 T Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorser?ents, ) NOTICE TO CLAIMANT December 19, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. e action taken on your claim by the Board of Supervisors ,,il4 h IV below), given pursuafit to Government Code Unspecified 'ot*ion 913 and 915.4. Please note all "Warnings". Amount: p f'i t �3 a 7zl9 CLAIMANT: CHAVEZ, Gloria Py-tinezCA fa 553 ATTORNEY: D.G. Jason Davis Attorney at Law Date received ADDRESS: 405 - 14th St. , 15th Floor BY DELIVERY TO CLERK ON November 29, 1989 Oakland, CA 94612 Via Counsel BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppMM gg DATED: November 30, 1989 BYIL DeputELOR, Clerk y 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: { S. /✓ 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 ORDS : 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. o Dated: DEC 19 1989 9 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0 1989 BY: PHIL .BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: D.G. on Davis Attorney Law 405 - 14th St. , 15th Floor Oakland, CA 94612`` Re: Claim of GLORIA CHAVEZ Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: x 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. x 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, Coun Counsel By. Deputy Co my Counsel CERTIFICATE OF SERVICE BY MAtt C.C.P. 99 1012 , 1013a, 2015 . 5 ; Evid. C. §9 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: �� \ q , at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management ), (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920 . 4, 910 .8) errithew emorial RECIEWED 8,9� r AND �, O�po4 � S � .9 . 9 NOV aq 1989 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS CCNTRA OSTA CO. By ......... Deputy TO: Office of County Counsel November 24, 1989 Contra Costa County FROM: Mark Finucane a, RE: NOTICE OF INTENT TO Health Services irector COMMENCE ACTION Chavez, Gloria #509596-3 Enclosed is a Notice of Intent to Commence Action regarding the above case. This was received by Merrithew Memorial Hospital on November 16, 1989, and forwarded to Shirley Peterson, Medical Risk Specialist. SP Enclosure cc: Risk Management Department SE Contra Costa County s�'9 COUI7'CY G A-301A (3/87) LAW OFFICE OF D.G. JASON DAVIS FINANCIAL CENTER BLDG. 405 14th STREET, 151h FLOOR OAKLAND, CA 94612 D.G.JASON DAVIS TELEPHONE ATTORNEY AT LAW November 15, 1989 -7000 RECEIVED NOva9 1989 PHIL BATCHELOR CLERK t30ARD OF SUPERVISORS Shirley Peterson CON R COSTA CO. Risk Management . $ ucy MERRITHEW MEMORIAL HOSP'•IAL 2500 Alhambra Avenue Martinez, California 94553 Re: Our Client(s) : Gloria Chavez Date of Accident: 09/01 /89 PLEASE TAKE NOTICE that this office has been retained to represent the above named client(s) regarding injuries sustained in the dispensing of improper medicine on or about the above date. According to the facts it may be that your hospital is legally responsible for these injuries. This office is investigating the facts of this case at the present time. As part of this investigation it is necessary for us to discuss this matter with your insurance company. We must insist at this time that you turn this letter over to your insurance company immediately. If you are uninsured please contact this office immediately so that we may discuss this matter. Your cooperation is necessary to avoid immediate court nrpceedinas. Very truly yours, D.G. ASON DAVIS Attorney at Law JD:rej U4 all an (1) ev 0 m a 1*1 us En C.) u Ln 4J M �4 :> r oil , C) I Lf) U) I C14 cuf Cn 10, 0 C LL U') w o W w '0'LL U z z ad w Z p C4, 0U ' ? a 3 o u -; 4 ? , O ° a ra i ° U U n m in lil t � � O Q r ,r 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 December 1 9 1989 and Board Action. All Section references are to The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $3 , 200 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SANDNER, Dawn D. unty Counsel IV 0 V 810L"%do9 ATTORNEY: Date received �rtine? ADDRESS: 5257 Cutter Lane BY DELIVERY TO CLERK ON November 27 , 1989 �� 9,4553 El Sobrante, CA 94803 (band Delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: November 28 , 1989 ��: Deputy 3LaZ51;d 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: �� t 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: DEC 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 O 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD-OF SUPERVISORS'OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to 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 naive 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 ) Reser or Clerk's filing stamp DA PJ RECEIVED C�n Cosmo Coves ) Against the County of Contra Costa-). NOV -21, 1989 or PHIL BATCHELOR CLERK HOARD OF SUPERVISORS District) B /dC NTRa STA CO. Fill in name ) C. oe uI The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �2oo• oar (_Ps+.o.-r rOa°r d in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ------ OV�e,r `fYct v1_k50J')v i V19 40 1 i dad 4A 'z,y--11 22_8°( --b_rn o)r n_- 2. Where did the damage or injury occur? (Include city and county) -- Raom 2-1 q d v 2 /& Y�'�f?� S �o r i a --cov,(�-- 5-'1-- Gl- Nne -i-- "---------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) ------------ r - 4. What particular act or omission on the part of county ,or district officers, servants or employees caused the injury' or damage? ��lor ✓6 n 6U b #�V r! b Y' 6a�� i I 21('}' I r ��iv��ru. �e�f V► -S C (over) 5. What are the names of county or ,district. officers, servants or employees causing the damage or injury? k4va,t--e-rn e I o _e-- i S u h 6b 5. What damage or injuries 'do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. � a„ � ;�o ,ti;,ne. W1 11, no�(- 'urv, o f or cvorl� . �000i `_�- Co r-�n ( e 2 _i!�g '_�oS.�? -�lS- caT- 7. ' How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) el� cos+ p--rl r'"a i y-, ) h i Utn j un k"wh? d r cusp .c-F` `('-e 1 c�.w,e at%� 3 1ZUU; Oq p ro)(. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. f i G k D r 4� 5 a , C-4. S P\"i •('-(s 0 PC-7'CQ_. , Q �cl rr) ;Y1� MOV5�ddo' )6y" g✓ ► 106'y\,5 --- Mary N), a v`_.t_ 0 6 I dn------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT t � - dr '`g, Gov. Code See. 910.2 provides: Po,.*4 FA Ear "The claim must be signed by the claimant SEND NOTIgE GTO- or by some person on his behalf." Name and Address-6f':A`:torney ,� � .�. Da u h D- SaMod n e4" Claimant's Signature Address Telephone No. Telephone No. 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 thanone 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. . CLAIM �� J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 19 , 1989 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: $800 ,000, 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT- WOODWARD, Lisa and Kevin NOV 198' ATTORNEY: Bruce G . Fagel , Esq . Date received Martine2, CA P4553 ADDRESS: 445 So . Beverly Dr. , # 200 BY DELIVERY TO CLERK ON November 27 . 1989 Beverly Hills , CA 90212 BY MAIL POSTMARKED: November 22 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: November 28 , 1989 ��: Deputy 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: 11 - BY: I 0 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 (Y) 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: DEC 19 1989 PHIL BATCHELOR, Clerk, By ! Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 LAW OFFICES OF BRUCE G. FAGEL 445 South Beverly Drive, Suite 200 2 Beverly Hills, California 90212 ECEIVED 3 (213) 277-1288 NOV 2 'i 19$9 4 Attorneys for Claimants h U r FRr r,OARD U JPf,',V!50P.S -5 . 6 7 CLAIM FOR DAMAGES AND PERSONAL INJURIES 8 9 10 USA WOODWARD and KEVIN WOODWARD ) CLAIM FOR DAMAGES AND PERSONAL INJURIES 11 Claimants, ) GOVERNMENT CODE §910 12 vs. j 13 14 COUNTY OF CONTRA COSTA and ) MERRITHEW MEMORIAL HOSPITAL; ) 15 DOES 1 to 50, Inclusive. ) 16 ) Respondents. ) 17 ) 18 ) 19 TO: THE COUNTY OF CONTRA COSTA, a political subdivision of the State of California and 20 MERRITHEW MEMORIAL HOSPITAL, a public entity, owned and operated by the COUNTY OF 21 CONTRA COSTA: 22 You are hereby notified that USA WOODWARD and KEVIN WOODWARD, whose addresses are 23 in care of their Attorney, Bruce G. Fagel, 445 South Beverly Drive, Beverly.Hills, California, 90212, 24 claims damages from the above-mentioned entities and individuals in the amount, computed as of 25 the date of the presentation of this claim of$800,000. 26 The Claim is based on the wrongful death of their son BENJAMIN JOSEPH WOODWARD, born 27 August 23, 1989 at said hospital. The child died August 25, 1989 from a cardiopulmonary arrest, due 28 to birth asphyxia, due to maternal uterine rupture. 1 1 The child died from negligence on the part of physicians, nurses and other employees of the 2 above named county and hospital, whose names are unknown at present. 3 The names of the public employees causing the child's injuries and his death are unknown to 4 Claimants at this time, although according to present information they are nurses and other medical personnel employed.by-_gpid hospital. 5 The damages to Claimants consist of the death of their child, including the loss of love, 6 companionship, comfort, affection, society, solace and moral support, as well as the loss of financial 7 support during the Claimant's and their son's common expectancy of life. Also claimed as damages 8 are the last medical expenses and funeral expenses for the deceased child. 9 General Damages and Pecuniary Damages: 300,003. 10 Medical Expenses: Unknown. 11 Funeral Expenses: Unknown. 12 The Claim is also based on personal injuries and damages sustained by LISA WOODWARD 13 during the negligent labor and delivery of her child, which resulted in the rupture and laceration of 14 her uterus and negligent care thereafter. She was injured during the process of her labor and 15 delivery, and also suffered severe emotional distress. Her damages also include her own medical 16 expenses, past and future and loss of earnings and earning capacity. General Damages: 250.000.. 17 Special Damages: Unknown at this time. 18 The Claim is also based on damages to KEVIN WOODWARD for the loss of consortium and 19 services of his wife LISA WOODWARD. 20 General Damages $250,000. 21 Special Damages Unknown. 22 All Notices or other communications with regard to this claim should be sent to the 23 claimants in care of their attorney. 24 Dated: November 22, 1989 25 LAW OFFICES OF BRUCE FAGEL 26 27 By1". cJ Bruce G. Fagel, M.D., J.D. 28 2 1 2 PROOF OF SERVICE BY MAIL 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am a resident of the county aforesaid. I am over the age of eighteen years and not a party to the within action. 5 - _ My business address is 445 South Beverly Drive, Suite 200 Beverly Hills, California 90212. 6 On November 22, 1989, 1 served the within Claim for Damages on the interested parties in said 7 action,.by placing true copies thereof enclosed in sealed envelopes with postage thereon fully paid, 8 and also by Registered Mail, in the United States mail at Beverly Hills, California, addressed as 9 follows: 10 Clerk of the Board CM—RRR No. P 7 4 8 494 323 Contra Costa County Board of Supervisor and Regular Mail 11 651 Pine Street Martinez, California 94553 12 13 1 declare under penalty of perjury under the laws of the State of California, that the foregoing is true 14 and correct. 15 Executed on November 22, 1989, at Beverly Hills, California 16 17 (24 ; Phyllis SImon 18 19 20 21 22 23 24 25 26 27 28 /„o«d«ard/90"10/ 3 /rv+/us/ncr/ 11/22/89 tU �r.Ex IW tY7 � r. h04 y� ., N ?+ i 0U � r- O OU N � w w 0 o age wInH q� W W � U 1 LAW OFFICES OF BRUCE G. FAGEL 445 South Beverly Drive, Suite 200 2 Beverly Hills, California 90212 3 (213) 277-1288 4 Attorneys for Claimants 6 7 CLAIM FOR DAMAGES AND PERSONAL INJURIES 8 9 10 LISA WOODWARD and KEVIN WOODWARD ) CLAIM FOR DAMAGES AND PERSONAL INJURIES 11 Claimants, ) GOVERNMENT CODE §910 12 vs. 13 14 COUNTY OF CONTRA COSTA and , RECEIVED MERRITHEW MEMORIAL HOSPITAL; . 15 DOES 1 to 50, Inclusive. ) NOV P041L$AT LOR 16 ) CLERK EIQAIIO Of SUPERVISORS 17 Respondents. ) CUNTl� COST►Co. ty Sv 18 ) 19 TO: THE COUNTY OF CONTRA COSTA, a political subdivision of the State of California and 20 MERRITHEW MEMORIAL HOSPITAL, a public entity, owned and operated by the COUNTY OF 21 CONTRA COSTA: 22 You are hereby notified that USA WOODWARD and KEVIN WOODWARD, whose addresses are 23 in care of their Attorney, Bruce G. Fagel, 445 South Beverly Drive, Beverly Hills, California, 90212, 24 claims damages from the above-mentioned entities and individuals in the amount, computed as of 25 the date of the presentation of this claim of$800,000. 26 The Claim is based on the wrongful death of their son BENJAMIN JOSEPH WOODWARD, born 27 August 23, 1989 at said hospital. The child died August 25, 1989 from a cardiopulmonary arrest, due 28 to birth asphyxia, due to maternal uterine rupture. 1 1 The child died from negligence on the part of physicians, nurses and other employees of the 2 above named county and hospital, whose names are unknown at present. 3 The names of the public employees causing the child's injuries and his death are unknown to 4 Claimants at this time, although according to present information they are nurses and other medical personnel employed by said hospital. -. --- 5 . The damages to Claimants consist of the death of their- child, including the loss of love, 6 companionship, comfort, affection, society, solace and moral support, as well as the loss of financial 7 support during the Claimant's and their son's common expectancy of life. Also claimed as damages 8 are the last medical expenses and funeral expenses for the deceased child. 9 General Damages and Pecuniary Damages: 300,000. 10 Medical Expenses: Unknown. 11 Funeral Expenses: Unknown. 12 The Claim is also based on personal injuries and damages sustained by LISA WOODWARD 13 during the negligent labor and delivery of her child, which resulted in the rupture and laceration of 14 her uterus and negligent care thereafter. She was injured during the process of her labor and 15 delivery, and also suffered severe emotional distress. Her damages also include her own medical 16 expenses, past and future and loss of earnings and earning capacity. General Damages: 250.000.. 17 Special Damages: Unknown at this time. 18 The Claim is also based on damages to KEVIN WOODWARD for the loss of consortium and 19 services of his wife LISA WOODWARD. 20 General Damages $250,000. 21 Special Damages Unknown. 22 All Notices or other communications with regard to this claim should be sent to the 23 claimants in care of their attorney. 24 Dated: November 22, 1989 25 LAW OFFICES OF BRUCE FAGEL 26 27 BYG CJ 28 ce G Bru . Fagel, M.D., J.D. 2 J 1 2 PROOF OF SERVICE BY MAIL 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 1 am a resident of the county aforesaid. I am over the age of eighteen years and not a party to 5 the within action. Z My business address is 445 South Beverly Drive, Suite 200 Beverly Hills, California 90212. 6 On November 22, 1989, 1 served the within Claim for Damages on the interested parties in said 7 action,,by placing true copies thereof enclosed in sealed envelopes with postage thereon fully paid, 8 and also by Registered Mail, in the United States mail at Beverly Hills, California, addressed as 9 follows: 10 Clerk of the Board CM—RRR No. P 7 4 8 494 323 Contra Costa County Board of Supervisor and Regular Mail 11 651 Pine Street Martinez, California 94553 12 13 1 declare under penalty of perjury under the laws of the State of California, that the foregoing is true 14 and correct. 15 Executed on November 22, 1989, at Beverly Hills, California 16 'p 17 Phyllis Simon 18 19 20 21 22 23 24 25 i 26 i 27 28 /,0 and/9-910/ /rv+/os/-f/ 3 11/32/89 t Ul r` Z ,, ? Utt T 6� c57, o. CO j C? ,AAV � cU OIfA ,A .� a 0 o� Cp �o o0 V 4 1 ^� 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 December 19•, 19p9 and Board Action. All Section references are to The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500,000.00 Section 913 and 915.4. Please note all "Warni�QS11 y Counsel CLAIMANT- KONG, Hok and Sau iU 19$9 ATTORNEY: Jonathan E. Gertler Law Offices of R.Jay Engel Date received Martinez, CA ...4553 ADDRESS: 22 Second St. , 6th Floor BY DELIVERY TO CLERK ON December 1, 1989 (hand delivered) San Francisco, CA 94105 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED December 4, 1989 �aIL JAATTCHELOR, Clerk eputy lI. 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: 12 1�9 _ BY: 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. ;BOARDORDBy unanimous vote of the Supervisors present I ( 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: DEC 19 �9�� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code e ' n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: p F C .20 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel J County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO:,.. Hok a 'd.�Sau Kong c/o Jonathan E. Gertler Law Offices aI R. Jay Engel 22 Second St. , 't-h Floor San Francisco, CA 9`4-1,5 Re: Claim of HOK and SAU KONG Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By: S j Deputy unty Couns CERTIFICATE OF SERVICE BY MAIL C.C.P. SS 1012, 1013a, 2015.5; Evid. C. §§ 641, 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , , at Martinez, California. cc: Clerk of the Board of Supervisors (o iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910.8) • CLAIM AGAINST COUNTY OF CONTRA COSTA, CALIFORNIA (Pursuant to Government Code § 910) CLAIMANTS: HOK KONG and SAU KONG, individually, and FERNAND KONG, as administrator of the estate of KAREN KONG. ADDRESS: c/o LAW OFFICES OF R. JAY ENGEL 22 Second Street, 6th Floor San Francisco, CA 94105 (415) 777-0644 DATE OF ACCIDENT: October 15, 1989 TIME OF ACCIDENT: Approximately 8: 30 p.m. PLACE OF ACCIDENT: Rumrill Road at or about 17th Street, San Pablo. AMOUNT OF CLAIM: $500, 000 ITEMIZATION OF CLAIM: Funeral Expenses: $ 5, 000 Medical: 1, 000 Loss of care, comfort, support, society and companionship of the decedent: 494, 000 $500,000 DATED: November 21, 1989. LAW OFFICES OF R. JAY ENGEL, INC. kt&L'-" [REC" EIV By ONATHAN A. GERTLER OEC' 11989 -, �Ittorney� for Claimants PH;L BATCHELOR LERK EDARD O`SUPERVISORJD. !' ' COSTA CO �' ►-` CLAIM y 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 December 19, 1989 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: $280.00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT:• JONES, Jeffrey Bernard J 1989 .ATTORNEY: _ c7 Date received Martinez. CA P4553 ADDRESS: 25 Berga Court BY DELIVERY TO CLERK ON December 4, 1989 Rohnert Park, CA 94928 - BY MAIL POSTMARKED: December 2, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 4, 1989 UVIL BAATTCHELOR, Clerk ut II. FROM: County Counsel TO: Clerk of the Board of Super ors ( ) 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: 12 ' BY: )�,QQ,7 J• Uh 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:D E G 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ' n 913) Subject to certain exceptions, you have only six •(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ,Dated: DEC 2 D 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jeffre Bernard Jones 25 Berga "t rt Rohnert Park, A 94928 Re: Claim of JEFFREY 'BERNARD JONES Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: x 1 . The claim fails to state the name and post office address of the claimant. x 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel nn By: IQ'- ' �- Deputy o my Coun el' CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. §§ 641 , 664 ) My business address is the County Counsel' s Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. cc: Clerk of the Board of Supervisors (or ginal) Risk Management (/ (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C..§§ 910, 910. 2, 920. 4, 910. 8) 1 i,'IT O, . BOARD OF SUPERVIS7RS OF CONTRA Co-%Te R RYN applicatlan t0. Instructions to Claimant Clerk of the Board P.O.Box 911 t,�rtinez,Galifomf 94533 A. Claims relating to causes of act.4.on. for death or far injury o person or to personal property o - growing crops must be presented not later than the 100th day eft r the accrual of the cause of action. Claims relating to any ether cause of action must be presented not later than one yep after the accrual of the cause of action. (Sec. 911. 2, Govt. Cade) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , Count- Administration Building, 651 Pine Street, Martinez , California 9455-3. 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 fraudule.rit claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps 'fif-arr-d 11 77"n Cc► T� Cas�� Com' c A` !'���'`T►�1. t Against the COUNTY OF CONTRA COSTA) 0ECJ 41989 _ a ! 1 PHIL BATCHELOR or V� ', DISTRICT) CLERKGOARDOFSUPEf SCIRtS (Fill in name ) CONI>, osrAc ). E ...........^. ..... De of YJ . The undersigned claimant hereby makes claim against the County of Contra Costa or the .above-named District in .the sur $ , and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give enact date and hour) 2. -Where did the damage or injury occur? (Include city and county) -TA --------------- - -- -,------ ----- - - - --- -------------- 3. How aid the-1-1a a.7e or i i ury CCCU_r T- (Give-full details , use extr sheets ii required) ` _-.-- -.-_-- 9 . What particular act or omission can t e-part of county or district officers , servants or employees caused the injury or damage? (over) lat; ar.e.:the :names of county or district officers, servants or employees-;causing the damage or injury? t1J'­42 6 . What damage or injuries do yc-,d claim resulted? (Givle full e tent of injuries or damages claimed. Attach two estimates for auto damage) -------- --------- 7. o was the amount claimed above computed? (Include the estimated amount of any prospective in •ary or damage: ) QTPANN �S��f 4�yr�h fj r (reA/ Sha c.s L�� t ���1 ----- ------------------------- ------------------------------------- 8. Names and aadresses of witnesses , doctors and hospitals . Cco, do e.,ki 9. List the, eenditures you made on account of this accident or ury: .DATE iTEM AMOUNT 4f 00 a�' Vic: #` r�a�h .►'�a�^S 14 �- e Govt. Code Sec. 910 . 2 provides : "The claim signed by the .claimant SEND NOTICES TO: (Attorney) 441 car by some person on his- behalf. ' Name and Address of Attorney C ai ant' s .Signature �o F3E_14 G7" Telephone No."B SCl��i�.Dd1 (P %�y(�r Telephone No. /70/'';S'��/ NOTICE M 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 nay- the same if genuine , anv false or fraudulent claim, bill , account , voucher; or writing, is guilty of a felony. " 1 c�¢(346 o� . 13 77 �� ,.... ..................... 8 'pD Vis1Sp: d?I1N0� SZIOSJAu3dns 3d myc Y831J 8013HDIVO Mild IrZ- 6861 t 330 GaAIED 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 December 1�, 19p 9 and Board Action. All Section references are to ) The copy of this document mailed to you is your no ice o 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:• MEILLER, Ronald County Counsel _ . LLC; 1989 ATTORNEY Date received Martinez CA 04553 ADDRESS: 2139 Chestnut Drive BY DELIVERY TO CLERK ON December 4, 1989 Pittsburg, CA 94565 BY MAIL POSTMARKED: November 30, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 4 1989 ggIL BATCHELOR, Clerk DATED: eputy 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: I Dated: 11-I r7 � 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:D E C 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) , Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice .to Claimant, addressed to the claimant as shown above. Dated: DEC,2 o 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating, to causes of.-action for death or for injury to person or to per- sonal property: or growing crops and which accrue on or before:-December 31, 198,7, must .be presented:*not, later than the 100th„°day after the accrual- of' the_ cause of ,actior.._' Claims ,relating to..pauses 'of action for death or' for injury to person or. topersonal., 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 causeof 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 stain ) Against the County of Contra Costa ) 41989 or LDEC RK uOARD OF SUPERWSOPS District) c CSTACC. -Deputy ....... Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Iltl----� _ _ o n=-- -----S=t�1�- --1_712 ---------------- 2. Where did the damage or injury occur? (Include city and county) -------------- 3. ------- i3. How did the damage or in ury occur? (Give full details; us extra p r i required)�-w 4_S �-f cz � IcZan.+� s �rn�pcid f tT1V� 4`e S c�c c�i cc_ 2, 1 i� ''h�{ w t c� s 'p- w ll� hs------------ 4. What particular act or omission 'on .the part of county or district officers ervants or employees caused the injury or damage? � C 1•L �. `t 1`Q--c�S cx ( � 81/L4f 1�4 d f 0 �-p d 0 �c��� b S� 1�� Ccs ��C � (�Oa�trCver) S NCL(_043 �� WCt_3 �c�� 1�4�l c -- C., U ccs ' S P Cc oca i��= q � ( ��m u�cc3mi� t'oS'. 5. What are the names of county or distri t officers, ,servants or em lgyees causing, the damage or injury? -'r Y i y\-6 6--o-c" cAT`'P ---------------------------- ----------------- ------------ ----------------------------- 5. What damage or injuries:do you claim resulted? (Give full extent ofinjuries or damages .claimed. Attach. two estimates.for auto damage. F - ------------------- -- -------------------- 7. How was the amount claimed above computed? (Include the estimated amount of' any prospective injury or damage.). --------------------------------------------=---------------------------------------- 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 some person on his behalf " Name and Address of Attorney Glai �s is Signature -2 23e //I r //(//Address) Telephone No. Telephone No. 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. / • SAFEL I TE AUTO GLASS d U C3-IF Ili 2049 CONTRA COSTA BLVD. PLEASANT H I LL4 CA. 945213 11-21-89 . 415 887-7201 THIS IS A QUOTE. ONLY - DO NOT PAY � CASH SALES - LOC•' 493 665 S. DAKOTA SEATTLE, WA. 98108 y8 00(_0 000 000-0000 RONALD ME I LLER 455 4188 (9 SAFESEAL POSSIBLE OYES ❑NO DECLINED CUSTOMER SIGN. PART# REPAIRED Year Make Model Mileage Serial # License # Reference # 1989 JEEP YJ JEEP DescriptionQuantity Part No. 1 W 1027—T TINTED WINDSHIELD 199. i c) 95. 57 95. 57 LABOR 30. 00 30. 00 SUES TOTAL: 125. 57 SALES TAX 6. 69 TOTAL: 132. 26 Replacement has been made to my satisfaction and I hereby authorize the above insurance company to pay direct in full to the above listed firm for said installation. If for any reason the insurance company does not pay for these repairs or replacements, the below signed agrees to pay for said repairs or replacement. DATE SIGNATURE 3250 ® 00493 CASH SALES - LOC 493 665 S. DAKOTA Please Reference Invoice SEATTLE, WA. 98108 .0000 G)-U C3-F F=- 600 000-0000 599898--000349-599898 CASH CUSTOMER COPY INSURANCE OR CHARGE MAILING COPY, RT-0035 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 December 19, 1989 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- MEILLER, Ronald G. county cownt _ � 19$9 .ATTORNEY: ��.c� Date received ap ��g�� C A P4553 ADDRESS: 2139 Chestnut Drive BY DELIVERY TO CLERK ON DecembeM,,T .9' Pittsburg, CA 94565 BY MAIL POSTMARKED: November 30, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED December 4, 1989 EVIL BATCHELOR, Cler L77 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: 12 k5 BY: 1 Deputy County Counsel —TT 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: D E C 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk Ir WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.. Dated: D E C 2 O 1 9989 BY: PHIL BATCHELOR by _Deputy Clerk CC: County Counsel County Administrator ,BAR REG'NO AL 143554 f ; 02- 0584 0 ,g, 2012 N. MAIN STREET �� ®off®R��SoS�®�( � WALNUT CREEK, CA 94596 PH: (415) 944-0112 DATE: /.l ESTIMATE VALID FOR 30 DAYS Customer' a Home Phone Business Phone Address Vehicle Make&Model 11?/V r City icense No. Odometer Original Estimate Authorized By '-TEARDOWN ESTIMATE Subtotal (D $ I .understand_\.that my vehicle will be Labor Phone Date Time -- reassembled 'within days of the t. .°-dateshown above if I choose to authorize the Subtotal # senri'es recommended. Parts Revised Estimate Reason:, Additional Cost Sales 3Z $ $ Tax Authorized By p.fn-Berson Date Time Total �G ❑`Phone# Claim No. Insurance Co.Authorization Dear Customer-A thorough inspection of the paint, trim mouldings, and vinyl parts in the area of the ordered repairs has been made prior to beginning work on your vehicle: Exterior: (paint, moulding, etc.) Interior: (dash, seats, etc.) Exterior Antenna: Built-in Antenna: Wipers: (working, bentarms, etc.) New W/Shield (scratches, breaks, distortions, oysters etc.) "NOT RESPONSIBLE FOR FURTHER DAMAGE DUE TO WINDSHIELD REPAIR FAILURE." WORK ORDER Installer: I have been made aware of the conditions listed above and agree to hold harmless LOF Glass Centers for prior conditions. X CUSTOMER'S SIGNATURE DATE Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY r 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 lOQth,day after the accrualof,.the.cause of, action: Claims relating' to causes of.aetion for death or for inj.ury ,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 tplating to any other cause of action must be presented not later than one year, after the accrual of.ahe cause of,. action. . (Govt. Code §911.2.) , B. Claims must be filed mith 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 . .F,:` ' ) Reserved for Clerk's filing stain f Against the County of Contra Costa ) DEC "41989 or - rF!��(1t:fCHE:CR C.E.K'bO RD OF SL:PEMSCCS' . District) co TA CC. V .............. .. a ut Fill in name ) The undersigned claimant hereby makes claim against the County'-of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did' the damage or injury occur? (Give exact date and hour) ul-C do 2. Where did the damage or' injury occur? (Include city nd county) _J9 a 7)�- - ------ -- -- -�= ---- .- - . - Irl 3. How did the damage or injury occur? (Give ,.' 11 details; use extra paper if required) - ------ — �Cr�:? — — ------------------------------------------------ 4. .- — ---------- -------------- ------------- 4. .- What articular act or omissi n on the- part -6fcount or district offic rs sery pts or em 1 ees� caused the in jurypo d ge? (� Ctr r'-b� t i r� 9 -�- dal �G, l aA� -� , P NO o a ` ix �� l 5 c��� n�e leget�pr 6 c� u,y\ 1T15b P Ak - �ear n • LJ Pe�/\e �4?�� q6 QQ 43o j j_ c� �s?!�: �c21 `°ver) .b'��, u.Q S t I� (S , 5. What are the names of county or district officers, servants or employees causing the damage or injury? `. ~�o�`Iv _e..��� dna Qc� i ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. _ -------------- How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ,r --------------------------------------------------------------------------- Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this. aeeident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or b some person on his behalf." Name and Address of Attorney laimant's Signatujre LL 3 C 's L, fi CX► �^ L,e T- Coo (Address) Telephone No. Telephone No. �5 V * '* 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 suchimprisonment" and fine, or" by imprisonment in the state prison, by a fine- of not exceeding''ten 'thousand dollars ($10,0009 or by both such imprisonment and fine. �CLc, ----— -- - o ._w�- � Fc - -- BAR REG:-NO. AL 143554 _-Z n2 02-0583 •l�� �W2J� ® 2012 N. MAIN STREET / QD�®o�® [ �o��®�[ � WALNUT CREEK, CA 94596 G PH: (415) 944-0112 DATE: ESTIMATE VALID FOR 30 DAYS Customer' a Home Phone Business Phone Address Vehicle Make&Mo el City- License No. Od6meter ITUIl 41-2-1,41 11W RR .f Original Estimate Authorized By ",tEARDOWN ESTIMATE Subtotal $ 1 understand',that my vehicle will be Labor Phone Date Time reassembled `within days of the date shown above if I choose to authorize the Subtotal # services recommended. Parts Revised Estimate Reason,-_---,. Additional Cost Sales Tax a �7 Authorized ByDate Time `[l / .ln-Person Q Phone# Total Claim No. Insurance Co.Authorization Dear Customer-A thorough inspection of the paint, trim mouldings, and vinyl parts in the area of the ordered repairs has been made prior to beginning work on your vehicle: Exterior: (paint, moulding, etc.) Interior: (dash, seats, etc.) Exterior Antenna: Built-in Antenna: Wipers: (working, bentarms, etc.) New W/Shield (scratches, breaks, distortions, oysters etc.) "NOT RESPONSIBLE FOR FURTHER DAMAGE DUE TO WINDSHIELD REPAIR FAILURE." WORK ORDER NO. Installer: I have been made aware of the conditions listed above and agree to hold harmless LOF Glass Centers for prior conditions. X CUSTOMER'S SIGNATURE DATE SAFELITE"'Glass Corp. SAFEL I TE AUTO GLASS G)U C3`r F=- `049 CONTRA COSTA BLVD. PLEASANT HILL, CA. 94523 11-E1-89 415 687-72.00 THIS IS A QUOTE ONLY -- DO NOT PAY CASH SALES -. LOC 493 665 S. DAKOTA SEATTLE, .WA. 98108 0000 000 00 0-0000 RONALD ME I LLER .s 458 4188 SAFESEAL POSSIBLE ❑YES LINO DECLINED CUSTOMER SIGN. PART# REPAIRED Year Make Model Mileage Serial License # Reference # 1988 CHEVROLET T PU PICKUP- (MID - 1987 R UP) QuantitV Part No. Description Extension Total 1 W 1026-S SHADED WINDSHIELD 654. 85 294. 68 294. 68 LABOR 35. 00 35. 00 0 SUB TOTAL: 329. 68 SALES TAX : 20. 62 TOTAL: 350. 30 Replacement has been made to my satisfaction and I hereby authorize the above insurance company to pay direct in full to the above listed firm for said installation. If for any reason the insurance company does not pay for these repairs or replacements, the below signed agrees to pay for said repairs or replacement. DATE SIGNATURE 32:53 ® 00493 CASH SALES - LOC 493 665 S. DAKOTAPlease Reference Invoice SEATTLE, WA. 98108 0000 G-U C3"Ir F= 000 000-0000 n cal 11'%8 C3-r Imo°I=)V 599898-coO349-599898 CASH CUSTOMER COPY INSURANCE OR CHARGE MAILING COPY RT-0035 �� �� � � � fi � � \ � � � �i'Q�?. v���„ � �L d.� .Q J' � � G �. r- � � ® fi ~�� � �' C { � � —~s� .� 1 Q :� � � `�� ' V Y� 4 V � �, 1, � �.. � � � ��'�` , �i ; >� � �� �� w � , � � � � �4 O �. `\r M1 .. AMENDED CLAIM / p 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 December 1 9 1989 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 0maxtrim.. CLAIMANT: O' Shea,, Norman and Betty. NOV 1989 ATTORNEY: Jacques Bloxham Maninez. CA 0!4558 Attorney at Law Date received ADDRESS: 43 Panoramic Way BY DELIVERY TO CLERK ON November 20 , 1989 (via Walnut Creek) CA 94S9S Counsel) BY MAIL POSTMARKED: November 17 , 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 22 , 1989 gV?L �ep�tyLOR, Clerk 1I. 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: n C,r, iti¢�I v,it� Np c 1 Dated: 22- 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:E(; 1 q 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DEC 2 0 1989 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f County Counsel � S ' JACQUES BLOXHAM NOV 19$ ATTORNEY AT LAW Martinez. CA .94M3 43 PANORAMIC WAY • WALNUT CREEK, CALIFORNIA 94595 • (415) 934-6647 • FAX: (415) 947-0172 RECEIVED November 13, 1989 NOYo20 198 9 PHIL BATCHELOR CL'EPW BOARD OF SUPERVISORS Philip Althoff , Esq. CONTRA OSTA CO. Deputy County Counsel P.O. Box 69 Martinez , California 94553 Re: Claim of Norman and Betty O' Shea Amended Notice of Claim Gov. Code Sec . 810 et seq. Dear Mr. Althoff . Thank you for speaking with me the other day As you requested, this is an amendment to the claim of my clien s , Norman and Betty O'Shea against Contra Costa County which was mailed to you on October 25, 1989. Attached is a chronology of events written y my clients which shows the dates of the events leading to this matter. As I stated to you in our telephone conve�tsation, my clients discovered the new addition violated the setback variance as submitted to the county only after a survey was performed in July, 1989 . Our notice to the County was made in October 1989, and therefore falls within the six month period specified in the Government Code. Please call me if you require any further information. Thank you. Sin ely, r J QUE BLOXHAM /1 71rR'r Il,{� al :� r f e t I ilk, +k � � sd !! "` �, i 1 !�.• 1, }" 3010_Roundhill171636 ,` t r Alamo, California 94507 j �. `'' ' August 17, 1989 ` s t Mary Fleming , . i. F E 1-1,C6' mmunity Development Department McBrl6n' Administration Building r I , Pine i Martinez; California 94553-0095 t '' ! f ' I Dear.Ms. Fleming 1 4 ti„r Yt ., Thank you fotlaking.time this week to direct ie towards the pro.” per,pro,rcedures 41 •.. 'i. ' 1, ' � � �s Norman aIn'd" EI zabethf 01SheaOf the situation as I know it.:; to.resolved th g y rr ' ` Ou`r Name Address: 3010,Roundhill Road; Alamo " ' r "Property.in dispute: 3022 Rouhdhill Road [Parcel #193-283007]1 ` Hers of Property: Esameil Behnam Date of purchase of 3022 Roundhin Road : July 27, 1988It Ch"ronology: 1] Eariy August of 1988-Met informally with Mr: Benham' Discussed his purchase G ' ,of the property: Discussion included the ownership of large Monterye Pines between ji our property and022 Roundhill Road. We indicated to Mr. Behnam that we were not sure of the property line but suspected that the trees sat astride the line. We A 'that the wooden fence that separated the properties was not the actual ` property line. ft , ' ' ! if r{ i f' L " "A"6`� 2]August 8, 1988-Mr. Khodadac� applied,for a variance to exceed the side set-back for Mr. Behnam for a large addition to the house: l u ust 12 1988—Mr. Bruno issued an intent to render an administ 3] rative decision f 1 b on the variance.;CountyNO # 1064-88 '4]Mid August, 1088-We learned of the application for a variance only bychance;at ` a regular Alamo Improvement As'Sociation'meeting. { 5]September:14; 1988-We attended the AIA meeting at Which it became apparent that the new owner and Mr. Khodadad did not understand where the true property line between our houses existed:. 6 Se tember 16, 1 , W p 988 We sent a letter to Mr. Tony Bruno (copy enclosed) indicating our concerns about the size of the planned additio at�02Z�ioundhill and our concern that a property survey should be done before antis were submitted P P Y Y YP s 4 ° for consideration. The survey is required by UBC 74-3.311 Section 305(a). lild t- t,:" j'E!,I ,, ! , I i r t! !!Jg I t�� Il�rjh,y Ps�r ,+ i t 4 ,� �� ! , ; ' d `�l. Af 14t l I I I'i ! ," It. , ;I it V 1 44 Nit it 1 Pt o: Se"' mb6r 21, 1988-Followed 1 UO 161teieto" Mr. Bruno with A r,6hffmlhd n6 0 call. He duly noted the receipt of the letter and indicated that we had did the 'proper actioth-, biptOrrib&r' 23;1988'-'AIA sn felt r to-Mr.,' Bruno recommending that th' e 1v variance be denied f.j ,t:"!V]06t6ber 1988-t Met wilh Mr.,b, dada'i and 4n t Belmar and Mt With Mr `I "d Mrs'.iiP2 `* JIM— W. ifbl ' Weston, whose property:bidj6i6 V�JO2 �,�h6dhdhill olin the south:.The 'meeting was very� P- Pit ! d m S amiable An r Behnam propose a �rribdifiijd remodeling plan which was smaller. and,provided 'a' minirii6rh of 16 feet of side Set back next to our property- We f q v t .6 ked he was acting in odd iaiih and w 6 signed the 016"(06py 60 dos d). He as u g hs on this plan Which mi ht delay construction., We iterated ;h6i to requ ' that, es t a h e"air I n g 9 e,wooden fence was not a 1111t tit 11�i. �Seyera: irriet that th"i''':i:' I ii F the property line and he should obtain es n surve The W` to Will atiett to"thai fact.His plan exceeded the HnImUrh set back of 15 feet as set forth by the county Ve thought thi's matter had been put to rest . b. 24, 1988-Mr. r It' 66 0 616�i k a I w6rid(y issued :a variance to Mr: Befilham 6fh A 27-6" aggregate sieyar 4d d Which was consistent with the 16 foot side set-back thatwb had 3r agreed to on Oct6be 5 1988: Y, of t Y, 11 ITh 6 house sat vacant for §ever"al p; onthsl and femodolirigbodaini in: the Spring C.3 989. I2fju6 1989-M66H0the t e Cons tir,u ct"o' n e 8 wafinally'' ,r"effi6v6d and the area next o scleaned-up up toINe p01nt where we could bbginremoving our oidofbidd A redwood;fence. AS-we.were unsure w"Wie''ird the exact property line Was(ihbJhq,:Wa§',. ' y,th 6 we contacted Mr.rBe no byph never any survey dond,13 e new owner} u one several times to discuss our suspicion" that the' house exceeded the'set back limits that both the b"WAY.antithe neighbors had 'agreed upon. He was extremely reticent about Suggestinganfurther action. Not; knowing what the organizational-structure of the Planning departmentwas I,wrote to Mr. Bragdon about the issue. Needless to Say, we received no response: t performthe "'as that should had July 271 1989 W 6 �a survey,6ompany: o pbrfbr' t '61i"k1hi hired been don l' the" 'i e by t.oWhers'of 1022 Roundhill..We also obtain copies:o'f the official ` the survey results and,the plats' pare of this area and compare thei dimension of the plat, plans that we signed in good faith for MrBenham. The crux of the matter is that the j S An' 'plans submitted us showed the property at 1022 remodL W and to 9 Rd ridhill having A frontage of 119 feet. The official plat, which the surveyor's u confirmed, clearly shows that the property has only a,l 14 foot frontage. it is CIO'at made an �it we now have large white building that a; mistake has been" d the result is th., that at some points is only 12 feet from the property line. This mistake, intentional or unintentional, has encroached upon the space between our house. Mr. Behndm who, it not moving into neighborhood, but is selling the house instead is going to make a NqCCt' et titr 1 i i i 3 f 1�ft�lf Nh ut'•<j}lf f} r' isji rt f .r,,.! nit)t' n it' D(..cC,t � F �' }Ii' 1.41'. d k ; 9 large-profi# at oil expense. The addition square,foo#age of this addition #hat exceeds the mandate,! set-back is considerable. ,fa We have retained;a lawyer because Mr. Behnam is reluctant to address this. 3 issue in a straigh#forward manner: I do not want to escalate this issue beyond where. it is now; but I will not:be taken advantage of because of bureaucracy or the lack of , Coen.' Iy sub{c hearin ill read the l6tte"is to'Mr. and that do defacfo var ante be see that we request,that a,' g Y p o " g: when"the matte ranted especially r could have,been 'resolved a year ago. respectively request»that you give this matter personal.attention so as'to ' t fashion We very Much want a resolution*before any.new resolved �t in a timely � peapfe mows in next door as we want#o be good neighbors from the very startTZ " J. ' apologized fort the length of;this letter but I feel#hat it is important that pertinent t. details be conveyed to you. `'i 1 'can be reached`during the day at 415-683-3201 aril our.home phone is 837=7928. Respectfully Yours, it i f Norman E. O'Sheai ; izabeth J. Shea I • VICTOR J. WESTMAN ` CONTRA COSTA COUNTY COUNSEL TO ✓� �� � P.O. BOX 69. CO. ADMIN. BLDG., MARTINEZ, CA 94553 DATE r. SUBJECTyy\�V 4 isops _._�7'::+CGSiACC Deout �naa�r!+�tuaxu$ is ygw { N c 'y 2' b Lt CG s: e M LO v O1 .—t tU tti LTA UI ri W :1 14 O O U 4+ w 4-+ >1 -1 O -N rd luzmU !—+ O � U 9S cv O N a a,m +1 .� 0 . u � aau A (I) • (a a �a04 ON x ¢ � pq w 0 U CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,1 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 2 8 1989 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: 0' SHEA, Norman and Betty County COunszq ATTORNEY: Jacques Bloxham c 7 3 c Attorney at Law Date received � q ADDRESS: 43 Panoramic Way BY DELIVERY TO CLERK ON Oct e .M 'y ids Walnut Creet, CA 94595 BY MAIL POSTMARKED: October 25, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: October 30, 1989 BYIL DeputyLOR, Clerk 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: i0 `� BY: l 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 (PI 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 Dated:N OV 2 S, 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: N 0 V 2 9 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 7ACQUES BwxHA m ATTORNEY AT LAW 43 PANORAMIC WAY • WALNUT CREEK, CALIFORNIA 94595 • (415) 934-6647 • FAX: (415) 947-0172 RECEIVED October 25, 1989 OCT,2T11989 County of Contra Costa PITLBATCHELOR Board of Supervisors CLERK AROOFSACQISORS 625 Court Street Room 106 Martinez, California 94553 Re: Formal Notice of Claim against Contra Costa County Government Code Section 810 et seq. Dear Sirs and Madams: I represent Norman and Betty O'Shea, who reside at 3010 Roundhill Road, Alamo, California. This is a notice to the County, required by the Government Code, that my clients are claiming damage resulting from your employees negligence and disregard of County ordinance 74-3,311, UBC Sec. 305(a) . In July, 1988, Esmail and Fatemeh Behnam bought the home at 3022 Roundhill Road Alamo, California, which is next door to my client's home. In August 1988, Mr. Behnam applied for a variance to exceed the side set back in preparation for an addition to his home. In September, my clients sent a letter to Mr. Tony Bruno and followed up the letter with a telephone call requesting that a _. _ survey be made before plans or any permits were approved. This was important, because all parties had been informed by my clients that an existing fence between the two homes was not on the property line. In October,1988 Mr. Karl Wandry of the County issued a variance and a permit to build to the contractor, Hossein Khodadad. No survey was required by the county and none was performed. No boundary markers were placed as required under the above code sections. As a result, the plans submitted to the County were inaccurate and did not reflect -the actual property line between the two homes. The County approved the inaccurate plans, a permit was given to the contractor, and a structure was built that encroached four feet into the setback granted by the variance. Contra Costa County Board of Supervisors October ',25, 1989 Page two In July, 1989, my clients had a survey performed at their own expense which confirmed the above encroachment. Mr, and Ms. O'Shea have been damaged by the proximity of the new structure to their home. They have suffered a loss of their property value. The new structure is a nuisance, as it iterferes with the use and enjoyment of the rural setting of their home. The amount of their damage is within the jurisdiction of the Superior Court. Please send all notices to me at the above address and telephone. Thank you. Si rely, U BLOXHAM J 1 Orman and Betty O'Shea AMENDED CLAIM ` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 19 , 1989 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: $1S0 . 00 Section 913 and 915.4. Please note all 11WarniQ9tfntY C CLAIMANT:"SPAWN Mila ros �dltdS�! g NAV � � 19g� ATTORNEY: %11'n@ Date received � CA 045a,, ADDRESS: 719 - 19th Street BY DELIVERY TO CLERK ON November 17 , 1989 Richmond, CA 94801 BY MAIL POSTMARKED: November 16 , 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 28 , 1989 ggIL BAATTCYELOR, Clerk epu II.\FROM: County Counsel TO: Clerk of the Board of Supervisors (mac ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2" IZ9 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 ( l1This 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: DEC 19 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code sectio 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 2 U 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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 ror ; --- and Board Action. All Section references are to The copy of this document mailed to oulis your notice of California Government Codes. ) the action taken on your claim by th B� t �D (Paragraph IV below), given pursuant toAG n d Amount: $150.00 Section 913 and 915.4. Please note a 11 "WarrFinAs'� ,g CLAIMANT: SPAWN, Milagros IL PHt� IL BATCHELOR CLERK HOARD OF SUPERVISORS ATTORNEY: _ 8 I CONT: STA CO. Date received .. u1y ADDRESS: 719 - 19th Street BY DELIVERY TO CLERK ON October 16, 11989 - /a Clerk's of f is Richmond, CA 94801 BY MAIL POSTMARKED: October "5, 1989, (?) I. FROM: Clerk of the Board of Supervisors TO: irc&nsel Attached is a copy of the above-noted claim. DATED: October 17, 1989 PpHHIL gATCHELOR, Clerk BY: Deputy GU e- « 17 e- Il Piece O t 4 . `II. FROM: County Counsel TO: Clerk of the Board of Supervis rs ( ) 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: C o ,e �A l S 0 �Cc` /y/ e DGc� l� e�/ A4 �y D ,,c A ell e. G e Dated: BY: Deputy County Counsel v> III. FROM: Clerk of the Board TO: County Counsel (1) 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: 2 C- C Y U'l'1 12 CSC-L/ 670 I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: Nn V 2 1989 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 Oppn0te�l in the .wail to fil. rt this - � .. ���. ...,.,1v1� v-•1 1 j 1.IQ 1111. .7CC GVYCi ili ilC rll VVVC JCI.LI VII 'JY).d. 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 b'en 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: NOV 7 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator N � � Yl