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HomeMy WebLinkAboutMINUTES - 12051989 - 1.19 f 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 5, 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: $500,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BANKS, Anthony County Counsel ATTORNEY: Casalina & Disston NOV 1°89 418. Third Street Date received Mail(.nez, CA 1%14553 ADDRESS: Oakland, CA 94607 BY DELIVERY TO CLERK ON November 6, 1989 BY MAIL POSTMARKED: November 3, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: November 6, 1989 BYIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors �(v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l( !G 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 ORDBy 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: /�—JS � 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: /�-� Cj BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator L. 1 CASALINA & DISSTON ERCEIVED 2 418 Third Street Oakland, CA 94607 �� (1989 3 Telephone: (415) 835-8110 PHtI BATCHELOR 4 Attorney for Claimant K BOARD OF SUPERVISORSCONT TACO• De ut........ 5 6 In the Matter of the ) 7 Claim of ANTHONY BANKS ) CLAIM AGAINST PUBLIC ENTITY 8 ) against the COUNTY OF CONTRA ) 9 COSTA 10 TO: COUNTY OF CONTRA COSTA and the SHERIFF-CORONER OF THE 11 COUNTY OF CONTRA COSTA 12 ANTHONY BANKS hereby makes claim against the county 13 of Contra Costa and the Sheriff-Coroner of the county of 14 Contra Costa for the sum of $500,000 and makes the 15 following statements in support of the claim. 16 1. Claimant ' s post office address is 1031 Sandpoint 17 Drive, Rodeo, California 94572 . 18 2. Notices concerning the claim should be sent to 19 Casalina & Disston, 418 Third Street, Oakland, California 20 94607 . 21 3. The date and place of the occurrence giving rise 22 to the claim are: August 15 , 1989 at or near 133 Parker �3 Avenue, Rodeo, California. 24 4. The circumstances giving rise to this claim are 25 as follows : A deputy sheriff approached me without 26 identifying himself, grabbed me, handcuffed me, and threw 27 me in the back seat of his patrol car. He then struck my 28 -1- CASALINA 6 DISSTON 0AILAID,CILIFOR111 91 i.si ass-ao 1 face several times and maced me. 2 5. Claimant' s injuries are: injuries to face, eyes , 3 and neck; other injuries not yet ascertained. 4 6. The names of the public employees causing the 5 claimant' s injuries are unknown. 6 7 . My claim as of the date of this claim is 7 $500,000. 8 8. The basis of computation of the above amount is 9 as follows : 10 Medical expenses incurred to date Unknown 11 Estimated future medical expenses Unknown 12 General damages Unknown 13 14 TOTAL $500,000 15 16 Dated: October 3 1989 17 ANTHONYANKS Claimant 18 19 20 21 22 23 24 25 26 27 28 CASALINA 6 DISSTON T"111 11 7E 11 0—AID,CILIFOR. .sao PROOF OF SERVICE BY MAIL I declare that : I am a citizen of the United States , I am over the age of eighteen years and not a party to the within action; my business address is 418 Third Street, Oakland, California. On this date, I served the within CLAIM AGAINST PUBLIC ENTITY in said action by placing a true copy thereof enclosed in a sealed envelope, postage prepaid, in the United States mail at Oakland, California, addressed as follows : Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street , 1st Floor Martinez , California 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California, on MARY LE S J N p m O 9 Z 0 p UV ¢' q 0 Yin to Gi N A O O Z J 6 1 '� 0 ,3•at+ O 0 � O � C� CD .O� O \,31 tD 0� �O fsk O �. H) rp P, F. vd rr�r ' J- i Z CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA a4 Claim Ag`awst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 5, 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 aMtMtyiQounSe) CLAIMANT: HAWKINS, Brett, Estate of NOV G I9109; ATTORNEY: Sarah Jane Burgess Martinez; CA X45553 Meis and Waite Date received ADDRESS: Merchants Exchange Building BY DELIVERY TO CLERK ON November 1, 1989 465 California St. , Suite 1222 San Francisco, CA 94104 8Y MAIL POSTMARKED: October 31, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk DATED- November 6, 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: II /a IIS BY: I! Deputy County Counsel t'z't 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: �� �sPHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code s 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: /a.Is��% BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ti i xN� arrm Z oma a�Z - o � p m 'A t' W 1 � I y f c13 G w t`J C C7 C32 4 w t: ° � I c 1 vsnSZ �j vs5 l yam, LSI �_ .r ;.• fail _ snst s S y A77r 1 01 ( 1 _ � . . /�''r' s rte.,F�YS �' � t .. ^"f, T 1 .t e ll7 w it �� iw. ,. �• k. �'it � , �< �� � �� �� � s ''� ��� Q .j k Cyd _ - _ .. tet. ;a _ .� �, ., ��� �- fl� - .. > � o _ _ �. ``� .;�. � � �a�a �� F � _` __ _ � � yv* g e �� � ., o ¢�� � B° t .I�. `�. �- e. __ o -. e _ :.,. „' _ �" B R �' f�Z _. _ .. '. . '" i�j � �� *f" ��5 � y nr e's,'���� n-� \ �, s :�' / c�` r f' y �^ a, f //j' / �� / � M ` � ; � �¢�V .. 4 K`#� ' t _, , -. ,, ... .. LAW OFFICES OF MEIS AND WAITE MERCHANTS EXCHANGE BUILDING FRED G.MEIS TELEPHONE JAMES F.WAITE 465 CALIFORNIA STREET, SUITE 1222 (415) 981-4612 SARAH JANE BURGESS SAN FRANCISCO, CALIFORNIA 94104 October 31 , 1989 RECEIVED NOV_ 11989 Clerk of the Board of Supervisors PHIL BATCHELOR OF ERVISORS 651 Pine Street, Room 106 ClERKBOARD COSTACO. Martinez, CA 94553 B De Re: Claim of Estate of Brett Hawkins Dear Clerk: Enclosed please find an original and one copy of the Claim for Damages in the above-captioned matter. Please return a date stamped copy of same to our office in the envelope enclosed. Thank you for your courtesy and cooperation in this regard. truly your , CHARLENE WINNER Secretary CW/hs Encl. CLAIM FOR DAMAGES TO: County of Contra Costa ATTN: Clerk, Board of Supervisors 1 . Date of Incident: May 6, 1989 2 . Time: approximately 12 : 00 a.m. 3 . Claimant' s Information: (a) Name: Estate of Brett Hawkins Jeanette Hawkins, Administrator (b) Address: c/o Meis and Waite 100 Bush Street, Suite 1800 San Francisco, CA 94104 (c) Amount of Claim: Claimant' s damages are in an amount that will subject this claim to the jurisdiction of the Superior Court. 4 . Description of Accident: On or about May 6 , 1989 , claimant was a passenger in an automobile proceeding north on Franquette Road in the City of Concord, County of Contra Costa. While proceeding north, the automobile struck the rear end of an illegally parked, over- sized trailer (approximately 40 feet long) causing claimant to suffer severe head injuries, including broken bones in his face as well as injuries to his neck, jaw, shoulders , arms and back. The County was negligent in failing to cite and/or tow this trailer, which was abandoned and illegally parked on Franquette Road for longer than the period allowed by law and constituted an obstruction and traffic hazard. 5 . Type of Claim: Personal injury 6 . Address to Which Notice is to be Sent: Sarah Jane Burgess, Esq. Meis and Waite 100 Bush Street, Suite 1800 San Francisco, CA 94104 Date of Claim: October 31, 1989 Signed by or on behalf of claimant: BY,�710 1/�I pz�u� SARAH YARNE MUM GESS Attorney for Claimant 1 PROOF OF SERVICE BY MAIL 2 I, CHARLENE WINNER, certify and declare as follows: 3 I am over the age of eighteen years , and not a party to this action. My business address is 465 California Street, 4 Suite 1222 , San Francisco, California 94104 , which is located in this county where the mailing described below 5 took place. 6 I am readily familiar with the business practice at my place of business for collection and processing of 7 correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is 8 deposited with the United States Postal Service that same day in the ordinary course of business. 9 On October 31 , 1989, at my place of business at San 10 Francisco, California, a copy of the following document (s) : 11 Claim for Damages 12 was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, addressed 13 to: 14 Clerk of the Board of Supervisors 651 Pine Street, Room 106 15 Martinez , CA 94553 16 and that envelope was placed for collection and mailing on that date following ordinary business practices. 17 I declare under penalty of perjury under the laws of 18 the State of California that the for going is tr e and correct. 19 Executed on October 31 , 1989 <% 20 CHARLENE WINNER 21 22 23 24 25 26 27 28 $ \\ � \� %� c $ 0 \ \\ > \ 9 f 7 ] \\0 \ \ p \ A # � \� -A \ � 0 0c) @ y � � ® � # m « � q D A � ,0LS mow ® `3 � � � o @ \ 0 0 % . & ®l J .� � 0 R � a i ! \{\ � � CLAIM i 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 5 , 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 QsYdin*Cou lse) CLAIMANT: STEINER, Rulon B . and STEINER, NOV 91a8- Verlene ',Rosalee Lyman ATTORNEY: Robert T. McWilliams Martinez.• CA,-45,53 Scranton Law Firm Date received ADDRESS: 1200 Concord Ave . , Suite 260BY DELIVERY TO CLERK ON November 7 , 1989 Concord, CA 94520 BY MAIL POSTMARKED: November 6, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 8 , 1989 PpHHIL BATCHELOR, Clerk DATED: 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: 11 19 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 ORDBy 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: / T_PHIL BATCHELOR, Clerk, BDeputy 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator PAR LAW FIRM November 6 , 1989 RECEIVED NOV ? 1989 Contra Costa County Clerk of the Board PHIL BATCHELOR CLERK BOARD OF SUPERVISORS lst Floor Administration Building COSTA CO. 651 Pine Street B •••••:••••Co••• De ut Martinez, CA 94553 Attention: Mr. Victor J. Westman, Esq. Re: Claim Against Public Entity Our Clients: Rulon Blaine Steiner & Verlene Rosalee Lyman Steiner As Parents of Taunee Jill Steiner, a minor deceased Date of Accident: September 1 , 1989 Location of Loss : Eighth Street; 190 Feet West of "I" Street- Area of Lot Parcel #066-212-013-8, City of Antioch, County of Contra Costa, CA Dear Victor J. Westman, Esq. : This letter will confirm our representation of Mr. and Mrs . Rulon Blaine Steiner, parents of Taunee Jill Steiner age 17 , a minor deceased, as a result of vehicular sustained injuries of September 1 , 1989 in the area stated above . Will you please have your legal counsel and/or insurance representative contact this office at their earliest convenience . Thank you for your anticipated cooperation. Very truly yours , SCRANTON LAW FIRM >�� A- LINDA HOPKINS Attorney at Law RTM/pbs Enclosure P. S. : PLEASE REPLY DIRECTLY TO ROBERT T. MCWILLIAMS OF MY STAFF. THANK YOU. Michael C. Scranton A Professional Corp. Michael C. Scranton, President (415) 682-77�� Main Office: 1200 Concord Ave., Ste 260 Concord, CA 94520 Fax: (415) 676-9999 1 MICHAEL C. SCRANTON A Professional Corporation 2 1200 Concord Avenue, Suite 260 Concord, California 94520 3 ( 415) 682-7777 4 Attorney for Claimant, RULON BLAINE STEINER & VERLENE ROSALEE LYMAN STEINER 5 6 7 8 CLAIM AGAINST PUBLIC ENTITY 9 10 In the Matter of the Claim of ) RULON BLAINE STEINER & ) 11 VERLENE ROSALEE LYMAN STEINER ) ) 12 vs . ) CLAIM FOR DAMAGES (Govt . Code Section 910 13 THE COUNTY OF CONTRA COSTA, et al . ) et. seq. ) 14 1 . I , LINDA HOPKINS, Attorney at Law, the undersigned 15 present this claim for damages as a person acting on behalf of 16 the claimant. 17 2 . I desire notice relative to this matter to be sent to 18 my following business address : The Scranton Law Firm, 19 1200 Concord Avenue, Suite 260, Concord, California 94520 . 20 3 . The name and address of claimant is : 21 RULON BLAINE STEINER 22 VERLENE ROSALEE LYMAN STEINER 2701 Adobe Court 23 Antioch, CA 94509 24 AS PARENTS OF TAUNEE JILL STEINER, Deceased 25 4 . The date and place of the occurrence that gave rise to 26 this claim are as follows : 27 Date of Incident is September 1 , 1989 28 /// y , i 1 Time: 2205 Hours 2 Place: Eighth street; 109 Feet West of "I" Street - area of 3 lot parcel Number 066-212-013-8, City of Antioch, County of Contra Costa, California. 4 5 . The circumstances of the occurrence which gave rise to 5 the claim are: Eighth Street W/B at intersection of "I" Street, 6 City of Antioch dead ends at vacant lot parcel 066-212-013-8 7 (City of Antioch) . County of Contra Costa, California failed to 8 post warning signs indicating 8th Street ends at vacant lot 9 parcel 066-212 -013-8 . County of Contra Costa, California is 10 negligent for failure to post barricade and reflectors indicating 11 8th Street comes to an end at vacant lot 066-212-013-8 . County 12 of Contra Costa, California negligent for failure to supervise 13 and police the condition of lot parcel 066-212-013-F. 14 6 . A general description of claimant' s injuries, damages 15 losses incurred so far as is now known are as follows : 16 Traumatic chest injuries - Fatal . 17 7 . If known, the name(s) of the public employee(s ) causing 18 said injuries, damages and losses is/are : Unknown 19 8 . The amount claimed as of the date of presentation of 20 this claim consists of general damages and special damages 21 relative to claimant' s injuries and property damage and loss of 22 use of same in amounts unknown at this time but in the aggregate 23 not less than $1, 000, 000. 00 and exceeding the jurisdiction of th 24 25 26 27 28 -2- 1 Municipal Court of the State of California. Claimant reserves 2 the right to insert said amounts when same are ascertained. 3 DATED: 4 Signature of Claimanr or Person Acting on behalf of Claimant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 0 ° o t O o O o yG� CA ro G N A� �F wtt O N � �� ,tet.. N N 4 rt'O '• M ct Ct N rt oma' ro ►'� 00 wD v, fi t.,Ul © ' Ul V4 s ct ro A Ste+ z a � m i St h3 G't �t O 1 Y� dd�YO*d. AkdaY CLAIM 1. ! BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA + Claim Aga� nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 5, 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: $242.46 Section 913 and 915.4. Pleas L"dtfli f,'d'6rhj§a9f". CLAIMANT: ZIMMERMAN, W.J. Jr. NOV 77 u 1989 ATTORNEY: Martinez.., GA X4553 Date received ADDRESS: 212 Lakeridge Way BY DELIVERY TO CLERK ON November 3, 1989 San Ramon, CA 94583 BY MAIL POSTMARKED: November 2, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 6'; ,1989 PpHHIL BATCHELOR, Clerk DATED: 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: Dated: II 6 BY: f 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 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: ,/,&M g? 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: /a'll8r'1 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I 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 d 4rict governed by the Board of -Supervisors; rather than the County, the name of e 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 RECEIVEI—RAgainst,th ounty ,of Contra: Costaw 3 PHIL BATCHELOR 3. District) CLERK BOARD OF SUPERVISOQS Fill in name c �STA De u, The undersigned claimant hereby.,makes 'claim aains 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) 7/ Sq / Sp_m , - --------- - ------- --------- ----- --------------------------------------------- 2. Where didthelama or in ur,��occur. (In 11�ude cityy and Dunty) L rniL.LS Y YL+(LpW �N�ybri7 Kd iN y�Pi7(�� �,,1WITl� 3. How did the damage or injury occur? (Give full details; use extra paper if required) =- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �A21C o VYI t h,A)-rtjn��-n/C� 0-� bb U N e,� Out T 4o4V iNft&4wAii-' )-,A-,ri61 vlJk- In41el�AJ"s h (A ZJ. l-�sw�,Dit wain naWUib>>J m V J Q !— ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ¢ F a0p o g � o Wo w2 J LL ¢ Nedy Q m OS O ! (UUIn ¢2112? x (Qn 0 UUQ QJQ~ da <a NC vTO (� gNP> - W d N y �ocoo LU cl 3 w w 4 y 3❑ �`� � o�Ydm �. QL o c U� axOzw ; gp �� a O LL J N W w O O Q vYn O a Z ` \ (n r3 Q Q D O o r ¢ , W Qt- U J 2 p0. Z Z .fl. $'m s F a U OZ 1 E�$3 $ 1- O V y J 2 z w (\ v 1.6 ❑ T j s ❑ ��� b H W m JN1��18 V 0 La qq�.�=�o. g Q Qm u N 0Q a O WuZ Qo °zc�Qi Q gzQZ ® ® ~ 1 000 Q a , w w p r C4 w CS Z M F g " Lil CO t �1 a v Cw w N g Cc W . Q UO) N J Q UO UO Q� Q WO Wa WQ � a H 8 W O of O0. Q w 119, U W w WK W w 7 o m � a a M ccF_ Z y== w � o m m S G $Fa WZ C -( r d.E N W Q Q c p C d ` cr V f a * i 0 RECEMED ' Card'. Py4,l-771-,3;?3 April 16, 1990 'APR 18 1990 PHIL BATCHELOR CLERK COA_RD OF SUPERVISORS C COSTA CO. Q ......... .. . ... De u Ms. Julie Aumock, Boa of Supervisors Liability Claims Adjuster County Administration Building County Administrator 651 Pine Street, Room 106 Risk Management Division Martinez, Ca. 94553 651 Pine Street, 6th Floor Martinez, Ca. 94553 RE: Claim #IG 90 054 J, Date of Loss: 8/14/89 Ms. Aumock: Board of Supervisors: I received a response to the above claim from you on November 16, 1989. Attachment 1 is a copy of your response. Further, I received a response from the Board of Supervisors on 12/7/89, Attachment 2. Both of your responses appear to be based on the May 13, 1980 Board Order not to maintain Dougherty Road. Additionally, explicit in that 1980 Board Order is that the posting of "25-mph & Rough Road" signs will adequately alert motorists to stay off the road or drive on it strictly at their own risk. One, I find it incredible that you are using a 10 year old Board Order not to maintain Dougherty Road in light of today's reality that major housing construction is already developed, further developing, and further planned for that area. Dougherty Road is becoming a major thoroughfare for San Ramon and Dublin residents. Two, I find the mentality of the Board Order reflecting that "25 mph and Rough Road" signs adequately explain to motorists to use this road at their own risk to be totally out of touch with reality. Do you really believe that the majority of motorists understand the implications of those signs? I can assure you they do not! Third, did you know that those signs have not always been posted on Dougherty Road? That is, those signs may have been posted in May 1980, but I can assure you that there was at least a two year period of time when those signs were not consistently and conspicuously posted between 1988 and 1990. Fourth, what business are you in? Is it not the role and responsibility of city, county, state and federal offices to represent the people in those respective areas? I, as one of those people, do not see any representation in this instance. Nor, do I feel any commitment from this county to rectify a wrong. All I see cc: 60at.CL AOR Y®�lR Icam-- Q1's�- rn ff 0 * WON is a commitment to rely on an old, out-dated Board Order to reject responsibility. I would like you to reconsider this claim. Perhaps there is some evidence that you have overlooked - like the realities of 1989 vs. 1980. I would like to know what the next level should be for me to further pursue this issue if you maintain your current position. I will not be satisfied until 1) my claim is paid, 2) Dougherty Road is better maintained, and 3) the county offices and elected officials update their attitudes and outlooks for Contra Costa County. In today's environment, any person, organization, process, or structure that is not continually looking for ways to improve will not exist. I strongly urge you to step up to the 1990's and beyond. Please send your replies to me at 212 Lakeridge Way, San Ramon, Ca. 94583. Sincerely, Angie Zimmerman ZIMMERMAN 212 LAKERIDGE WAY Attachments SAN RAMON, CA 94583 County Administrator Contra Risk Management Costa County Administration Building County 651 Pine Street,6th Floor Martinez,California 94553 SE Liability.Claims (415)646-4155 Risk Administration (415)646-2014 Safety (415)646-2203 �! i Vocational Rehabilitation (415)646-2239 ; Workers'Compensation (415)646-2926 rrq.coJ:+T•t � November 14, 1989 W. J. Zimmerman, Jr. 212 Lakeridge Way San Ramon, CA 94583 RE: Claim No. : IG 90 054 J Dt of Loss: 8/14/89 Dear Mr. Zimmerman: The claim which you filed with the Clerk of the Board of Supervisors on November 2, 1989, was referred to our office for investigation. As I understand it, you were driving your 1986 BMW on Dougherty Road when you encountered a pothole that caused damage to a wheel. I have enclosed a copy of the May 13, 1980, Board Order that governs the maintenance activities on Dougherty Road. The road is kept passable as a dirt and gravel road and the motorists are advised with the 'Rough Road' and ' 25 MPH' signs that have been posted on Dougherty Road. Each motorist who elects to use Dougherty Road assumes the risk about which they have been advised. I can sympathize with the problems you encountered with your disabled vehicle, but it is my opinion that the County of Contra Costa is not legally liable for those damages. I have found that the best source of compensation for this type of damage is through your auto carrier. You will be hearing soon regarding the official position of the Board of Supervisors. Si cerely, -yrr -tom Julie Aumock Liability Claims Adjuster JA/sm Enclosures In the Board of Supervisors of f _ Contra Costa County, State of California May 13 ' 19 80 In the Matter of Reaffirming Reduction of maintenance of Dougherty Road The Board accepted a report dated July 16, 1979 from Vernon L. Cline, Public Works Director, recommending for immediate action, a 7-ton load limit on Camino Tassajara easterly of Black- hawk Road, and a discontinuance of further expenditure of maintenance funds and effort on Dougherty Road except for occasional leveling with a grader to keep it usablef and further recommending that the Board consider increasing the road capital budget to include at least the minimum reconstruction of Dougherty Road. The Board on July 17, 1979, by Traffic Resolution No. 2541-LDL, established a temporary 7-ton load limit on Tassajara Road and on October 2, 1979, by Traffic Resolution No. 2561-LDL, estab- lished a permanent 7-ton load limit on that road. The Acting Public Works Director having advised this Board this date that "Rough Road• signs and advisory "25-mph. signs have been posted on Dougherty Road and advising that the deterioration of Dougherty Road is continuing and further advising that road funds are not available and recommending that the Board reaffirm the reduction in the expenditure of maintenance funds and effort on Dougherty Road, except for occasional leveling with a grader to keep this road usable and passable as a dirt and gravel roads NOW, THEREFORE, IT IS BY THE BOARD ORDERED that the recom- mendation of the Acting Public Works Director is APPROVED. PASSED by the Board on May 13, 1980. 1 hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dots oforesaid. VAIness my hand and the Seal of the Board of Originated by: Public Works Dept. Supervisor Administration affixed this 13th day of May . 19jjjL cc: County Administrator Public Works Department J. R. OLSSON. Clerk Administration By �V,�L y ,scf Deputy Clerk Road Maintenance Helen N. Kent H-Jt 1179 1!M /�� L • • CLAIM • huCC^At7l(� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Aga''nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 5, 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: $242.46 Section 913 and 915.4. Pleas 1 CLAIMANT: ZIMMERMAN, W.J. Jr. NJV 6 1989 ATTORNEY: Date received Mertiner. CA ^4553 ADDRESS: 212 Lakeridge Way BY DELIVERY TO CLERK ON November 3, 1989 San Ramon, CA 94583 BY MAIL POSTMARKED: November 2, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel 'L�ac eG is a copy of the above-noted claim. November 6, 1989 JVIL ATCHELOR, Clerk DATED: 9Y: �eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ""�4 ) 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). ( 1 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: �� 1� Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /�fsl�_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 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: y�-�s���f BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator