The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10031989 - 1.24 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT October 3, 1989 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: JOHN ANTHONY DYNOWSKI County COunsel Attorney: Wendy- -Marie Thomas )u P 11 1989 Selby Law Offices Address: 100 First Street, Suite 2101 - �r$tR��, C 94553 . San Francisco, CA 94105 Amount: $10-0, 00E). 00 By delivery to Clerk on Date Received: September 6, 1989 By mail, postmarked on September 5, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to ile Late Claim. DATED: Sept. 11, 1989 PHIL BATCHELOR, Clerk, By Deputy n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: IVICTOR WESTMAN, County Counsel, y Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( This Application is granted (Section 911 .6). ( k1 This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: 0 r� '�9�� PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney-of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator _ Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: �(;jT� z PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Admi trator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: 'County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM SELBY LAW OFFICES 100 FIRST STREET. SUITE 2101 SAN FRANCISCO, CALIFORNIA 94105 TELEPHONE 14151 495.2101 MANTON L. SELBY II September 1 , 1989 TELECOPIER C. MARTIN GIBSON 14151 495-2102 PAUL S. CHOY I _' �-: WENDY MARIE THOMAS SEAN FRANCIS McCLOSKEY OF COUNSEL SEP / 1989 MARILYN DRATH T Clerk of the Board I PAIL OATC4L'LOR of Supervisors CU.RKBOAN)OFSUPERVISOPS County of Contra Costa sCONTPAC STA CO. I 651 Pine Street, ##106 r Martinez, CA 94553 Re: Dynows,ki v. Calif. Highway Patrol, et al . Case .No. Dear Sir/Madam: Enclosed please find: Answer Arbitration Conference Statement At-Issue Memorandum Summons and Complaint Notice of Motion (with filing fee) $ Order Request for Dismissal Our Draft of $ XX Other: Application for a Leave to Present Late Claim; Proposed Claim as Exhibit "A" and Declaration in Please: Support Therof XX File original. and_ return endorsed-filed copies in envelope enclosed Issue _ Present to Judge 'for signature Return with your receipt Set for hearing Conform copies and return in envelope enclosed. Other: Thank you for your assistance. Very truly ycurs,, SEL B CE R nne eltran, Secretary Enclosures 111 �R'R"-4M- " tm,'r'GV6'IIC' T_4".0.iY'C^^^^-✓^yy""'L:^-er-.r,(j� WENDY MARIE THOMAS 1 1 SELBY LAW OFFICES ZEC EA/E(D 100 First Street, Suite 2101 2 San Francisco, CA 94105 SEP 1989 (415) 495-2101 PHIL BATCHELOR 3 CL[2k BOARD OF SDPERVISO^S Attorney for Claimant R -COhi i RA C Sl'A CO. DP ,,< JOHN ANTHONY DYNOWSKI 5 6 In Re the Matter of the Claim of ) APPLICATION FOR A LEAVE 7 TO PRESENT A LATE CLAIM 8 JOHN ANTHONY DYNOWSKI Against ) UNDER GOVERNMENT CODE THE CALIFORNIA HIGHWAY PATROL, ) 915 et seq. 9 STATE OF CALIFORNIA, CONTRA COSTA ) SHERIFF'S DEPARTMENT and ) 10 COUNTY OF CONTRA COSTA. ) ) 11 TO THE CALIFORNIA HIGHWAY PATROL, STATE OF CALIFORNIA, CONTRA COSTA COUNTY SHERRIF'S DEPARTMENT and COUNTY OF CONTRA COSTA: 12 13 1. Application is hereby made for a leave to present a 14 late claim under Section 915 et seq. of the Government Code. The claim is founded on a cause of action for personal injuries 15 16 which occurred on or about August 11, 1988, and for which a 17 claim was not timely presented. For additional circumstances 18 relating to the cause of action reference is made to the 19 proposed claim attached hereto as Exhibit "A" and made apart hereof. 20 21 2 . The reason for the delay in presenting this claim is 22 that Claimant retained previous counsel, Jay Colangelo, Esq. 23 who failed to present said claim with the State of California 24 or the County of Contra Costa within a timely period. 25 Furthermore, upon receiving knowledge that said claim was not 26 filed, Claimant retained this office to represent him in June 27 1 28 1 of 1989. This office did not receive the original file from 2 Claimants' previous counsel until August 17, 1989. At that 3 time a review the file was made and it was determined that a 4 claim had not been filed. Claimant's previous attorney is 5 presently undergoing a contempt order in the Municipal Court of 6 the County of Contra Costa for failure to turn over Claimant's 7 personal injury file. Neither the State of California, nor the 8 County of Contra Costa have been prejudiced by the failure to 9 timely file the claim, as shown by the Declaration of Wendy 10 Marie Thomas attached hereto Exhibit "B" and made a part hereof 11 by this reference. 12 3 . This application is presented within a reasonable time 13 after the accrual of the cause of action as shown by the 14 Declaration of Wendy Marie Thomas, attached hereto as Exhibit 15 "B" and made apart hereof. 16 WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received 17 18 and acted upon in accordance with Sections 915 et seq. of the Government Code. 19 20 Dated: August 30, 1989 21 WENDY E THOMAS 22 Attorney for Claimant 23 24 25 26 27 2 28 1 WENDY MARIE THOMAS SELBY LAW OFFICES 2 100 First Street, Suite 2101 San Francisco, CA 94105 3 (415) 495-2101 4 Attorney for Claimant JOHN ANTHONY DYNOWSKI 5 6 In Re the Matter of the Claim of ) PROPOSED CLAIM AS 7 EXHIBIT "A" 8 JOHN ANTHONY DYNOWSKI Against ) THE CALIFORNIA HIGHWAY PATROL, ) 9 STATE OF CALIFORNIA, CONTRA COSTA ) SHERIFF'S DEPARTMENT and ) 10 COUNTY OF CONTRA COSTA. ) 11 TO THE CALIFORNIA HIGHWAY PATROL, STATE OF CALIFORNIA, CONTRA 12 COSTA COUNTY SHERRIF'S DEPARTMENT and COUNTY OF CONTRA COSTA: 13 John Dynowski hereby makes a claim against the California 14 Highway Patrol, the State of California, Contra Costa Sherrif's 15 Department and the County of Contra Costa for the sum of 16 $100, 000. 00 and makes the following statements in support of 17 his claim. 18 1. Claimant's present residence is 204 Madison Avenue, 19 Pittsburg, California, 94565. 20 2 . Notices concerning the claim should be sent to Wendy 21 Marie Thomas from the Selby Law Offices located at 100 First 22 Street, Suite 2101, San Francisco, California, 94105. 23 3 . The date and place of occurrence given rise to this claim are as follows: 24 25 On or about August 11, 1988, in Contra Costa County, the 26 California Highway Patrol and the Contra Costa County Sheriff's 27 1 28 1 Department, physically assaulted and battered John Dynowski 2 additionally leading to a cause of action for intentional 3 infliction of emotional distress, and other personal injury 4 causes of action during the pendency of an alleged misdemeanor 5 arrest. The location of said beating occurred at 204 Madison 6 Avenue, Pittsburg, California, 94565. 7 4. The circumstances given rise to this claim are as 8 follows: 9 Claimant's vehicle was allegedly observed violating the 10 Vehicle Code. California Highway Patrol officers, as well as 11 the Contra Costa Sheriff's Department officers involved in this 12 incident physically abused causing assault, battery, 13 intentional Infliction of emotional distress and other personal 14 injury causes of action when said officers attempted to 15 apprehend Claimant. 16 5. As a result of the above mentioned assault and 17 battery, Claimant suffered injury to his face, hands, neck and 18 upper extremities. 19 6. The names of all of the public employees causing 20 Claimant's injuries are unknown at this time, but specifically 21 include Ron Sittinger, No. 23847, Contra Costa Police 22 Department; G. Cornwell, No. 10069, California Highway Patrol 23 and Officer Lincoln, No. 9090. 24 7. Claimant's medical expenses in connection with the 25 above-referenced accident are presently unpaid and the exact 26 amount of such expenses is presently unknown. Claimant 27 2 28 1 continues to require and received medical care and treatment in 2 connection with his injuries. The exact amount of loss, past 3 and future, is presently unknown. 4 Additional elements of damage sustained by Claimant 5 include impairment of future earning capacity and general 6 damages for pain and suffering, disability and emotional 7 distress, as well as damages sustained by Claimant's motor 8 vehicle. The amount claimed for general damages is 9 $100, 000. 00. 10 / \ 11 Dated: August 30, 1989 (�,U WENDY MA731E THOMAS 12 Attorney for Claimant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 WENDY MARIE THOMAS 1 SELBY LAW OFFICES 2 100 First Street, Suite 2101 San Francisco, CA 94105 3 (415) 495-2101 4 Attorney for Claimant JOHN ANTHONY DYNOWSKI 5 6 In Re the Matter of the Claim of ) DECLARATION OF 7 WENDY MARIE THOMAS 8 JOHN ANTHONY DYNOWSKI Against ) IN SUPPORT OF THE CALIFORNIA HIGHWAY PATROL, ) APPLICATION FOR A STATE OF CALIFORNIA, CONTRA COSTA ) LEAVE TO PRESENT 9 SHERIFF'S DEPARTMENT and ) A LATE CLAIM 10 COUNTY OF CONTRA COSTA. ) ) 11 TO THE CALIFORNIA HIGHWAY PATROL, STATE OF CALIFORNIA, CONTRA COSTA COUNTY SHERRFF'S DEPARTMENT and COUNTY OF CONTRA COSTA: 12 13 I, Wendy Marie Thomas, declare as follows: 14 1. I am an attorney at law duly licensed to practice in all of the courts of the State of California. 15 16 2 . On June 7, 1989, Claimant John Dynowski retained this 17 office to represent him and discussed possible claims which he 18 might have in connection with his injuries sustained on or 19 about August 11, 1988, arising out of an assault and battery 20 charge on behalf of the California Highway Patrol and the 21 Contra Costa Sheriff Department. Based upon information 22 supplied by Claimant John Dynowski, this office immediately 23 contacted the previous attorney whom he retained, Jay 24 Colangelo. At that time, and immediately following through 25 August 11, 1989, when an Order Granting an Order to Show Cause 26 Re: Contempt was issued by the Contra Costa Municipal Court 27 1 28 1 Delta Judicial District, we attempted to obtain the original 2 file from Mr. Colangelo. It was not until receipt of the 3 original file, after the Order on August 17, 1989, that we 4 determined that a claim had not been presented on behalf of Mr. 5 Dynowski by his attorney Jay Colangelo. This office then 6 immediately filed this Application to File a Late Claim. 7 3 . This is the first incident wherein Mr. Dynowski had 8 the need to retain counsel and was unaware of the governmental claim statute. 9 10 4. The six month claim period from the date of injury, 11 prescribed by California Government Code Section 915, elapsed 12 on February 11, 1989, before my initial meeting with Mr. 13 Dynowski on June 7, 1989. 14 5. Based on information received from Mr. Dynowski, it 15 appears that he had no way of knowing that a claim had not been 16 filed, had no way of knowing that a claim needed to be filed, 17 and has a meritorious claim for damages in connection with the 18 injuries sustained as a result of the assault and battery 19 described in the proposed claim attached hereto. Since meeting 20 with Mr. Dynowski and receiving the original file from Mr. 21 Dynowski 's previous attorney, I am and members of my office 22 have tried to act as promptly as possible to confirm that a 23 claim did exist and to prepare and submit this Application for 24 A Leave to Present Late Claim, Proposed Claim, and Supporting 25 Declaration to the Contra Costa Police Department and 26 California Highway Patrol. 27 2 28 • I 1 I declare, under the penalty of perjury, under the laws of 2 the State of California, that the foregoing is true and 3 correct. 4 Executed on this 30th day of August, in San Francisco, 5 California. 6 WENDY E THOMAS 7 Attorney for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 1 PROOF OF SERVICE BY MAIL 2 3 I am over the age of 18 years and am employed by a 4 law office within the City and County of San Francisco, State 5 of California, and not a party to the within action. My 6 business address is 100 First Street, Suite 2101, San 7 Francisco, California 94105. 8 On this date I personally placed in a United States 9 postal box the within document* to the parties listed below. * APPLICATION FOR A LEAVE TO PRESENT A LATE CLAIM UNDER 10 GOVERNMENT CODE 915 et seq. ; DECLARATION OF WENDY MARIE THOMAS IN SUPPORT OF APPLICATION FOR A LEAVE TO PRESENT A LATE CLAIM 11 and PROPOSED CLAIM AS EXHIBIT "A" 12 Contra Costa Board of Supervisors 13 651 Pine Street, #106 Martinez, CA 94553 14 Department of Business Transportation 15 and Housing 1120 "N" Street, Suite 2101 16 Sacramento, CA 95814 ATTN: John Sullivan 17 Executed on September 1, 1989, at San Francisco, 18 California. 19 I declare under penalty of perjury under the laws of 20 the State of California that the foregoing is true and correct. 21 22 23 NE BELTRAN 24 25 26 27 28 i 1. t�. F s 4' c A5 44 j O J_ ro ' U) , tn usx s C Oot 0 4 is l4/ p } U � N ` SA 5 U N P ULn C6 CL- ui in Y L= u � i a? W h 4 Nu a � N ry N V 7- < 0 at o w �W Z APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT October 3, 1989 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are .to ) the Board of Supervisors (Paragraph III, below), California Goverment Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNT-NG" below. Claimant: AUZEEN ABDI County Counsel Attorney: Marr -E. Driscoll SI. 1 ��vQ� The Hartford Bldg. 30th Floor SEP 1 Address: 650 California Street Martinez, CA 94553 San Francisco, CA 94108 Amount: $250,000.00 By delivery to Clerk on September 1, 1989 Date Received: September 1, 1989 By mail, postmarked on August 31, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: September 1, 1989 PHIL BATCHELOR, Clerk, By .e Deputy II. FROM: County Counsel Clerk of the Board of Supervisors The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Section 911.6). DATED: g /C L5 VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911 .6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: 3 1gpq PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in Connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: OCT 3 1989 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Admini rator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: 'County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM LAW OFFICES OF BRUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA GEORGE J.SHELBY RALPH W.BASTIAN,JR. KELLY, ECHEVERRIA 6 LINK _ PAUL V.MELODIA A PROFESSIONAL CORPORATION TELEPHONE DANIEL J.KELLY JOHN ECHEVERRIA THE HARTFORD BUILDING-30T_H FLOOR (als)981-7210 JOHN D.LINK 650 CALIFORNIA STREET TELECOPIER RICHARD B.GOETHALS;JR. (415 391-6965 RONALD H.WECHT SAN FRANCISCO,CALIFORNIA 94108 �� MICHAEL A.KELLY KEVIN L. S JEFFREY P. HOLL FiECEEIVEID DANIEL DELCOSSO MARY E.DRISCOLL SEP ^ (�(�(� RICHARD H.SCHOENBERGER (� +�F-P ` 1989 OF COUNSEL August 29, 1989 Vi.�i .+ I+JVJ WESLEY SOKOLOSKY 7 fHIL BATCHELOR CLERK BOARD OF SUPERVISORS N RA COSTA CO. The Board of Supervisors Dept Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Re: Application for Leave to Present Late Claim Dear Board Members: Please find enclosed the following documents: 1 . Application for Leave to Present Late Claim of Auzeen Abdi, a minor; 2. The supporting declarations of Kobra Abdi, Nariman Yalda, and Mary E. Driscoll; 3 . The supporting exhibits of the original Claim and your Notice of Rejection of Claim; 4. The proposed Amended Claim of Auzeen Abdi . Yours trul,� Mar Driscoll MED:dem - Encl. : See above. CERTIFIED MAIL/RETURN RECEIPT REQUESTED. LAW OFFICES OF 1 WALKUP,SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA& LINK 2 A PROFESSIONAL CORPORATION RECEIVED ECEIVE 650 CALIFORNIA STREET 3 SAN FRANCISCO,CALIFORNIA 94108 SEP 11989 TELEPHONE(415)991-721 O J 4 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS 5 ATPORNEYS FOR PLAINTIFF ••.•.•. C COSTA CO. De u 6 7 g BEFORE THE GOVERNING BOARDS OF MERRITHEW MEMORIAL HOSPITAL 9 AND THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application APPLICATION FOR 12 of LEAVE TO PRESENT A LATE CLAIM 13 AUZEEN ABDI, a minor, Supporting Declarations Supporting Exhibits 14 for leave to present a claim to -the Proposed Amended Claim Merrithew Memorial Hospital and the 15 County of Contra Costa 16 17 TO: THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY and THE 18 GOVERNING BOARD OF MERRITHEW MEMORIAL HOSPITAL: 19 1. Pursuant to the pertinent provisions of the Government 20 Code, including Section 911.4 and 911.6 thereof, application is 21 hereby made on behalf of AUZEEN ABDI, a minor, by and through her 22 mother and natural guardian, Kobra Abdi, for leave to present a Late 23 Claim against you, and each of you. 24 2. The Claim is founded on a cause of action of said claimant 25 to recover damages for personal injuries sustained by the claimant 26 Page - 1 on or about July 5, 1988, while a patient at Merrithew Memorial 1 Hospital, together with the expenses and costs incurred and the 2 earning capacity loss and other loss by said claimant as a result of 3 said injuries. The further circumstances of the cause of action are 4 set forth in the proposed Amended Claim which is attached hereto and 5 incorporated by reference herein. 6 3. This Application is based on two grounds. The first ground 7 is that the claimant was a minor during all of the time specified in 8 Section 911.2 of the Government Code for presentation of claims. 9 The second ground is that the claimant's parents and natural 10 guardians, Ebrahim and Kobra Abdi, did not discover the nature and 11 extent of claimant's injuries until approximately January 22 , 1989, 12 when they were informed-for the first time that Auzeen had 13 permanent, incurable bilateral deafness. Further, the claimant's 14 parents did not discover that the staff at Merrithew Memorial 15 Hospital could have been negligent until late February, 1989, when 16 they were informed for the first time of this by Nariman Yalda, as 17 set out in more detail in the Proposed Amended Claim and the 18 Declaration of Kobra Abdi, attached, and the Declaration of Nariman 19 Yalda, attached. Thereafter, the minor claimant's parents filed a 20 Claim for damages on July 10, 1989, well within six months of their 21 discovery of the nature and extent of Auzeen's injuries and the 22 possible negligence of the treatment team at Merrithew Memorial 23 Hospital. See, Exhibit A, attached. Said Claim was rejected by 24 this board on the grounds that it was not timely presented. See, 25 Exhibit B, attached. 26 LAW OFFICES OF WALKUP.SHELBY,BASTIAN. MELODIA,KELLY, Page - 2 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94108 (415)981-7210 4. This Application for Leave to Present a Late Claim is being 1 presented within a reasonable time, not exceeding one year, from 2 accrual of the cause of action. 3 WHEREFORE, Kobra Abdi, - on behalf of the minor claimant, Auzeen 4 Abdi, respectfully requests that leave be granted to present a Late 5 Claim against you, - and each of you, and that you receive and act 6 upon the proposed Amended Claim attached hereto in accordance with 7 the pertinent provisions of -GOVERNMENT CODE, including 8 Sections 911.4, 911.6, 911.8, 912.4 , 912.6 and 913 thereof. 9 10 11 12 DATED: 74 13 14 Kobra Abdi, Mother and Natural Guardian of Auzeen 15 Abdi 16 WALKUP, SHELBY, BASTIAN, 17 MELODIA, KELLY, ECHEVERRIA & LINK 18 19 By: 20 Ma E//Driscoll Attor Vys for Claimant 21 22 23 24 25 26 LAW OFFICES OF WALKUP.SHELBY,BASTIAN. MELODIA.KELLY. Page 3 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION -HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94108 (415)981-7210 LAW OFFICES OF 1 WALKUP,SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA& LINK 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET 3 SAN FRANCISCO,CALIFORNIA 94108 TELEPHONE(415)981-7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 . BEFORE THE GOVERNING BOARDS OF MERRITHEW MEMORIAL HOSPITAL 9 AND THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application DECLARATION OF 12 of KOBRA ABDI IN SUPPORT OF 13 AUZEEN ABDI, a minor, APPLICATION FOR LEAVE TO PRESENT 14 for leave to present a claim to the A LATE CLAIM Merrithew Memorial Hospital and the 15 County of Contra Costa 16 I, KOBRA ABDI, say: 17 I am the mother and natural guardian of Auzeen Abdi, the 18 petitioner and applicant herein. My address is 1159 Carey Drive, 19 Concord, California 94520. 20 Auzeen Abdi was born on July 3, 1988, in Merrithew Memorial 21 Hospital, in Martinez, California. Two days after her birth we were 22 told that Auzeen had a bilirubin condition which required that she 23 be transferred to Children's Memorial Hospital, which she was. 24 I asked my doctor at Merrithew Memorial Hospital why Auzeen was not 25 tested for the condition earlier, and he told me that nothing showed 26 Page - 1 up in any of the tests taken after she was born to suggest that she 1 had a problem with her bilirubin. The doctors at Children's 2 Hospital told me that her condition was very rare and would have 3 been impossible for the staff at Merrithew Memorial Hospital to 4 ,predict that she would develop it. 5 The condition was treated successfully at Children's, and 6 Auzeen was sent home on July 14, 1988. On the day of her discharge 7 from Children's Hospital, Auzeen's doctor told me that at some point 8 in the future Auzeen may develop problems because of her high 9 bilirubin, but he did not specify what the possible future problems 10 might be, nor did he suggest or state that the bilirubin condition 11 should have or could have been discovered earlier that it was. 12 On September 13, 1988, the staff in the Audiology Department at 13 Children's Hospital told me that Auzeen might have hearing loss, but 14 that reliable test results could not be obtained until she was 15 older. Between September of 1988 and February of 1989, Auzeen had 16 routine check-ups and I was told that everything was fine except for 17 a possible hearing problem. 18 On January 22 , 1989, Auzeen underwent a hearing evaluation 19 which showed that she had a serious hearing problem in both ears and 20 her doctor informed me for the first time that this was permanent 21 and incurable. About a month after that, a family friend, Nariman 22 Yalda, told me that his brother, who is a doctor and was visiting 23 from Iran, told him that the staff at Merrithew Memorial Hospital 24 might have been negligent. This was the first information that I 25 had that the care at Merrithew Memorial Hospital may have been 26 LAW OFFICES OF NALKUP.SHELBY.BASTIAN. MELODIA,KELLY, Page - 2 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94108 (415)981.7210 1 negligent in not discovering her bilirubin condition earlier. Based 1 on this information, I decided to contact an attorney to investigate 2 whether a lawsuit should be filed. A Claim for damages was filed on 3 July 10, 1989. This Claim was rejected on July 13, 1989, on the 4 grounds that it should have been filed sooner. 5 At no time before January 22, 1989, did I think that Auzeen had 6 a permanent, incurable hearing problem, nor did I think that the 7 care given at Merrithew Memorial Hospital was the cause. Based on 8 what her doctors had told me, I thought that she had a very rare 9 condition that could not have been diagnosed any earlier than it 10 was. At no time prior to the date of my conversation with Nariman 11 Yalda in late February of 1989 had anyone suggested that the 12 bilirubin problem could have or should have been diagnosed sooner by 13 the staff at Merrithew Memorial Hospital. 14 I declare under penalty of perjury that the foregoing is true 15 and correct. 16 - Executed this ,30tw day of August, 1989, in San Francisco, 17 California. 18 /C 19 20 Kobra Abdi 21 .22 23 24 25 26 LAW OFFICES OF WALKUP,SHELBY,BASTIAN, MELODIA,KELLY, Page - 3 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION -HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94108 (415)981-7210 . . . ^ LAW OFFICES or � WALKUP,SHELBY, BASTIAN. MEUOD/A, KELLY' ECHEVEBRIA& UNK 2 ^PROFESSIONAL CORPORATION umoCALIFORNIA STREET 3 SAN FRANCISCO,CALIFORNIA a410o TELEPHONE w,n`so,-7u,o 4 5 ATTORNEYS FOR PLAINTIFF 6 7 BEFORE THE GOVERNING BOARDS OF MERRITHEW MEMORIAL HOSPITAL 9 AND THE COUNTY OF CONTRA COSTA 10 77 In the Matter of the Application 12 DECLARATION OF of NARIMAN YALDA 13 IN SUPPORT OF AUZEEN ABDI , a minor, APPLICATION FOR 14 LEAVE TO PRESENT for leave to present a claim to the A LATE CLAIM 15 Merrithew Memorial Hospital and the County of Contra Costa / 16 ------------------------------------ 17 I , NARIMAN YALDA, declare: 18 I am a friend of the Abdi family and have personal 19 knowledge of the facts set forth in this declaration; 20In late February of 1989, my brother, Tahamtan 21 Yalda, visited me from Iran for several weeks. My brother is a 22 gynecologist' and an associate professor of gynecology at the 23 National University of Iran. While my brother was visiting me, I 24 told him about Auzeen Abdi 's high bilirubin and her possible 25 hearing problems. I asked him if the bilirubin could have been 26 discovered earlier, and he told me that very possibly it could have, and that the doctors and/or nurses may have been negligent. � ~ . . . I This was the first time that I had heard anyone suggest that the 2 baby' s condition could have been discovered earlier. 3 Following this, I told Ebrahim and Kobra Abdi what my brother 4 had said, and encouraged them to go to an attorney to investigate 5 it. It was right about this time that Ebrahim and Kobra learned 6 that Auzeen' s hearing problems were permanent and very serious. It is my belief that Ebrahim and Kobra did not think that the 8 care at the County hospital had been negligent until I told them what my brother had told me. I also believe that up until late 10 January of 1989 both Ebrahim and Kobra were optimistic that 11 Auzeen` s hearing problems would clear up. 12 I declare under penalty of perjury that the foregoing is true 13 and correct. 14 \ [� Executed this � )� day of August, 1989, in Gan Francisco, 15 California. 16 ' 17 Nariman Yalda 18 19 20 21 32 23 24 25 26 uWvFFICES OF *,WpNsuT MOAN, msmoWxcUx scxsvcxmxauwx "�=�`CORPORATION THE HARTFORD BUILDING 30T"FLOOR650 CALIFORNIA STREET Page - SAN m="*oCALIFORNIA m/08 w/o9W.om U | LAW OFFICES OF 1 WALKUP,SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA& LINK 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET 3 SAN FRANCISCO,CALIFORNIA 94108 TELEPHONE(415)981-7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 BEFORE THE GOVERNING BOARDS OF MERRITHEW MEMORIAL HOSPITAL 9 AND THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application DECLARATION OF 12 of MARY E. DRISCOLL IN SUPPORT OF 13 AUZEEN ABDI, a minor, APPLICATION FOR LEAVE TO PRESENT 14 for leave to present a claim to the A LATE CLAIM Merrithew Memorial Hospital and the 15 County of Contra Costa 16 17 I, MARY E. DRISCOLL, declare: 18 1. I am an attorney duly licensed to practice in the State of 19 California and am the attorney of record representing the minor 20 claimant, Auzeen Abdi, by and through her parents and natural 21 guardians, Kobra and Ebrahim Abdi. I make this declaration in 22 support of the minor plaintiff's application for leave to present a 23 late claim. 24 2. In determining whether there exist grounds for an 25 application for leave to present a late claim I met with Kobra Abdi 26 and Nariman Yalda on August 17, 1989. Mrs. Abdi does not speak much Page - 1 English and Mr. Yalda interpreted for me. Mrs. Abdi told me that, 1 although she had been informed that Auzeen might have hearing 2 problems before January 22 , 1989, that it was not until that date, 3 on which Auzeen was seen in the Audiology Department at Children's 4 Hospital and was fitted for a hearing aid for her left ear, that she 5 was told for the first time that Auzeen's hearing problems were both 6 permanent and incurable. 7 3. Mr. Yalda told me that in late February and early March of 8 1989 his brother, Tahamtan Yalda, who is a gynecologist practicing 9 in Iran, visited him for approximately 5 weeks. During this visit, 10 in late February of 1989, he told Yahamtan Yalda that Auzeen had 11 possible hearing problems due to a bilirubin condition after her 12 birth. Dr. Yalda told Nariman Yalda that the staff at Merrithew 13 Memorial Hospital may have been negligent in not discovering the 14 bilirubin condition earlier. Nariman Yalda told me that shortly 15 after this conversation with his brother he. related this information 16 to Kobra and Ebrahim Abdi, and encouraged them to talk to an 17 attorney. Nariman Yalda told me that it was his impression at the 18 time that he spoke with Auzeen's parent .in February of 1989 that 19 they had not suspected that the condition could have been diagnosed 20 earlier until this conversation with them. Nariman Yalda also told 21 me that he arranged for Mr. and Mrs. Abdi to talk with Irene Baresse 22 after this conversation with them in late February of 1989. 23 4. In reviewing the case law around accrual of a cause of 24 action for medical and/or hospital malpractice, it is clear that a 25 minor claimant's cause of action does not accrue until her parents 26 LAW OFFICES OF WALKUP.SHELBY,BASTIAN. MELODIA,KELLY, Page - 2 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION 'HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO,CALIFORNIA 94108 (415)981 7210 have notice of the cause of action. See, Whitfield v. Roth (1974) 1 10 Cal.3d 874. Furthermore, the Supreme Court has ruled that the 2 actions of a minor claimant's parents should be construed liberally 3 with a view to protecting the rights of the minor, and that mere 4 knowledge of the injury is not enough to constitute notice of the 5 cause of action in the absence of evidence that they also knew its 6 negligent cause. See, Whitfield v. Roth, supra; Segura v. Brundage 7 (1979) 91 Cal. 3d 19. It is my information and belief that Auzeen's 8 parents did not know of the nature and extent of her injuries 9 (specifically that the hearing loss was permanent and incurable) and 10 that the hearing loss may have been caused by negligence on the part 11 of the Merrithew Memorial Hospital staff until late February of 12 1989. It is also my belief that the declarations in support of the 13 Application for Leave to Present a Late Claim, along with the 14 proposed amended Claim, support this Board's finding that accrual of 15 this cause of action was delayed until February of 1989, and that 16 the Application be granted. 17 5. Government Code, Section 946.6(c) establishes minority of 18 the claimant as an independent and alternative ground for relief. 19 It has been held that permission to present a late claim must be 20 given when the claimant was a minor during the entire claims 21 presentation period provided the claimant applied for such 22 permission within a reasonable time, not to exceed one year, after 23 the claim arose. See, Tammen v. San Diego (1967) 66 Cal.2d 468; 24 Withfield v. Roth, supra; Carr v. State (1976) 58 Cal. 3d 139. It is 25 my information and belief that Auzeen Abdi was born on July 3 , 1988, 26 LAW OFFICES OF WALKUP,SHELBY,BASTIAN. MELOOIA,KELLY, Page - 3 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94108 (415)981-7210 and was, therefore, a minor during the entire claims presentation 1 period. Furthermore, I belief that this Application for Leave to 2 Present a Late Claim is being presented within a reasonable time, 3 well within one year fo the parent's discovery of the nature and 4 extent of Auzeen's injury and its, negligence cause. 5 6. The original Claim was presented on July 10, 1989, and was 6 rejected by this Board on July 13, 1989. This Application is being 7 presented within 6 weeks following notice of the rejection of the 8 original claim, which is, in my opinion and belief, within a 9 reasonable time. 10 7. Based on all of the above, I believe that two independent 11 grounds exists for granting this Application, namely, the minority 12 of the claimant, and delayed accrual of the cause of action. 13 I declare under penalty of perjury that the foregoing is true 14 and correct. 15 Executed this of August, 1989, in San Fransisco, 16 California. 17 18 ` 19 Ma Driscoll 20 21 22 23 24 25 26 LAW OFFICES OF WALKUP.SHELBY,BASTIAN, MELODIA,KELLY, Page 4 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION 'HE HARTFORD BUILDING 30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO,CALIFORNIA 94108 (415)981-1210 CLAIM AGAINST THE GOVERNING BOARDS OF MERRITHEW MEMORIAL HOSPITAL AND THE COUNTY OF CONTRA COST= CLAIMANT ' S NAME: AUZEEN ABD IJ U L 10 1989 AMOUNT OF CLAIM $250,000 and special damages ) CLAIMANT 'S ADDRESS: 1159 Carey Drive, Concord , "' - 94520 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 1136 Clement Street , San' Francisco , CA 94118 DATE OF INCIDENT: Born -on July 3, 1988, transferred to Childrens Hospital in Oakland on about July 5, 1988. LOCATION OF ACCIDENT; Merrithew Memorial Hospital HOW DID ACCIDENT OCCUR: Claimant sustained injuries due to substandard and inadequate care and treatment provided following claimant ' s birth DESCRIBE INJURY OR DAMAGE_: Severe bilateral hearing impairment NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE IF KNOWN: Unknown at this time ITEMIZATION OF CLAIM (Lis.t items totaling amount set forth above) General Damages : $250,000 Special Damaqes: according to proof Total $250,000 plus special damages Signed by or on behalf of Claimant : IRENE V. 3ARRESE, Attorney for Mr . and Mrs . Abdi , mother and father and natural guardians of Auzeen Abdi x EXHIBIT ..A.. ,, xAs fi � u Phil Batchelor The Board of Supervisors Contra Clerkotthe Board and CostA County Administrator County Administration Building Ui (415)646-2371 651 Pine St., Room 106 County Martinez, California 94553 Tom Powers,19 District 5 E L Nancy C.Fanden,2nd District u„ -. Robert I.Schroder.3rd District Sunne Wright McPeak 4th District Tom Todakson,5th District TTq COl'�� J„J_v: 1.3 1.989 TO: Auzeen Abdi 1136 Clement Street San Francisco, CA 94118 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on July 10 , 1989 is being-returned to you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code sections 901 and 911.2.) X Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2.) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to pre- sent a late claim. (See Government Code Sections 911.4 to 912.2 and 946.6.) under some circumstances leave to present a late claim will be granted. (See Government Code Section 911.6.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so imme- diately. PHIL BATCHELOR, Clerk of the Board of Supervisor and County Administrator By: . eputy Clerk Dated: July 13 , 1989 EXHIBIT .."Bre r t 1 [PROPOSED] 2 AMENDED CLAIM AGAINST THE GOVERNING BOARD OF MERRITHEW MEMORIAL HOSPITAL AND THE COUNTY OF CONTRA COSTA 3 CLAIMANT'S NAME: Auzeen Abdi, a minor 4 AMOUNT OF CLAIM: $250,000.00 and special damages 5 according to proof 6 CLAIMANT'S ADDRESS: 1159 Carey Drive, Concord, California 94520 7 ADDRESSES TO WHICH NOTICES ARE SENT: 8 WALKUP, SHELBY, BASTIAN, MELODIA 9 KELLY, ECHEVERRIA & LINK 650 California Street, 30th Floor 10 San Francisco, CA 94108 415/981/7210 it DATE OF INCIDENT: On or around July 5, 1988 12 HOW THE INCIDENT OCCURRED AND ACCRUAL OF THE ACTION: This 13 action arises out of allegedly negligent nursing and medical care rendered to the newborn infant, Auzeen Abdi from July 14 3 , 1988 through July 5, 1988. Auzeen Abdi was born on July 3 , 1988, in Merrithew 15 Memorial Hospital, in Martinez , California. Two days after her birth her parents were told that Auzeen had a bilirubin 16 condition which required that she be transferred to Children's Memorial Hospital, which she was. The condition 17 was treated successfully at Children's, and Auzeen was sent home on July 14 , 1988, in good condition. 18 On September 13, 1988, the staff in the Audiology Department at Children's Hospital told Auzeen's mother that 19 Auzeen might have a hearing loss, but that reliable test results could not be obtained until she was older, and that 20 she might be fine. Between September of 1988 and February of 19891 Auzeen had routine check-ups, and everything was 21 fine except for possible hearing problems. Her parents were told that reliable tests could not be obtained until Auzeen 22 was older, and that she might be okay. On January 22, 1989, Auzeen underwent a hearing 23 evaluation which showed that she had a serious hearing problem in both ears. Her parents were told for the first 24 time that the hearing problems were permanent and incurable. Approximately one month later, in late February of 25 1989, a family friend, Nariman Yalda, told Mr. and Mrs. Abdi 26 LAW OFFICES OF WALKUP.SHELBY.BASTIAN, MELODIA.KELLY, page - 1 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION 'HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94106 (415)961-7210 1 , that his brother, a physician, recently told him that 2 Auzeen's hearing problems may have been caused by negligence on the part of doctors and/or nurses at Merrithew Hospital. 3 Based on this information, her parents decided to contact an attorney to investigate whether a lawsuit should be filed. 4 Thereafter, the minor claimaint, through her parents and natural guardians, filed a claim for damages within six 5 months of discovery of the nature and extent of her injuries and the possible negligence of Merrithew Memorial Hospital. 6 Said claim was rejected by this board on the ground that it was not timely presented. 7 At no time before January 22, 1989, were her parents told that Auzeen had a permanent and incurable hearing 8 problem. Further, at no time prior to their conversation with Nariman Yalda in late February of 1989 were Auzeen's 9 parents told that the staff at Merrithew Memorial Hospital may had been negligent. Up until this time, and based on 10 the information that they had been given by Auzeen's doctors, they believed that their daughter had a very rare 11 condition which could not have been predicted or diagnosed earlier that it was. 12 NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR 13 DAMAGE: Unknown at this time 14 ITEMIZATION OF CLAIM: 15 General Damages: $250,000.00 16 Special Damages: In. amounts according to proof 17 medical and educational expenses, and impairment of 18 earning capacity. 19 Total: $250,000.00 plus special damages. 20 21 Signed on behalf of Claimant: 22 23 Mar E. iscoll, Attorney for Claima Auzeen Abdi and for 24 her paAnts and natural guardians, Ebrahim and Kobra Abdi. 25 26 LAW OFFICES OF WALKUP,SHELBY,BASTIAN. MELODIA.KELLY, Page - 2 ECHEVERRIA&LINK A PROFESSIONAL CORPORATION -HE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET $0.N FRANCISCO.CALIFORNIA 94 1 0 (4151981-7210 fU? AU 31189 \l j/ 9 a �L i .. P 193 860 --012 e LAW OFFICES OF WALKUP,SHELBY, BASTIAN,MELODIA, KELLY, ECHEVERRIA& LINK A PROFESSIONAL CORPORATION THE HARTFORD BUILDING-30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO,CALIFORNIA 94108 TO. . . The Board of Supervisors Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez , CA 94553 CLAIM /.e2 V BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Ag •inst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 3, 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 :15.4. Please note all "Warnings". CLAIMANT: FONG, Bobbie Elizabeth County Counsel ATTORNEY: AUG 3 0 1989 Date received Martinez, CA 945.53 ADDRESS: 1770 Carmel Drive #300 BY DELIVERY TO CLERK ON August 29, 1989 (hand delivered) Walnut Creek, CA 9 +596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Cler DATED: August 30, 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: Ci ' �y 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 (k/<This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy af•the Board's Order entered in its minutes for this date. Dated: OGTPHIL 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: OCT 3 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND OR . NON-ACCEPTANCE OF CLAIM TO: Bobbie Elizabeth Fong 1770 Carmel Drive #300 Walnut Creek, CA 94596 Re: Claim of Bobbie Elizabeth Fong 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. 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 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, County Counsel By: Deputy Coun y'Cou el 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. q o c� Dated: /"s� 0 1 , at Martinez, Ca ifornia. cc: Clerk of the Board of Supervisors (origin ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .41 910. 8) Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of ` action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp EC 11�ED Against the County of Contra Costa ) or ��G 9 1989 ) District) PHtIBATCHEOR CLERK BOARD OF SURERVISCRS Fill in name ) CONTRA COSTA CO. By ..C. Deputy 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) >�/ah,� 7' � /9�9 aue�z� �2e -o �. /a � ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) ---------------------------------------------------------------------------- 5---- 3. How did the damage or injury occur? (Give full details; use extra paper if required)710 ca-e-0-- ve� yw L,,.c qQ, 7 /0,, 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Z�-� - bz� �'`a4 � Q.K,r..e� i.v. �„s,.�eA� y►, CALX.�,�...�-�'l''-,�`/.',,,,pw.Sv�s-. �r�q l`�waa�.� o...y.b2 a 5. What are the names of county or district officers, servants or employees causing the damage 7 or injury? u".T 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. F , ter% —;1 --- `_v -`=c�e-�e�`='- f�-y,oC--- - -- - - --------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.)-�j ,�'�� e—" 17r, x'3600, o� ------------------------------------------------------------------------------------- 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 Y k Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES' :TO-. _ (Attorney)- or by some erson on his behalf." Name and-.$Address,.of„Attorney r (Claimant's Signature) V s- /770 Address Telephone No. Telephone NoJ�//s2 --q-.s;- 7/ 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. CLAIM � Z -' 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 October 3, 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: $573.43 Section 913 and 915.4. Please note all "Warnings". ` CLAIMANT: STEWART, Jon L. county nn u �,'�,a � s r-e 5 ATTORNEY: aglig�'c9,' d94553 September 5, 1989 ADDRESS: 753 Andrea Way BY DELIVERY TO CLERK ON p Pittsburg, CA 94565 BY MAIL POSTMARKED: September 1, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 5, 1989 gaIL �eT�tELOR, Clerk P 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. 1 BY: I 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: OCT 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: OCT iggo BY: PHIL BATCHELOR by ry�4� Deputy Clerk CC: County Counsel County Administrator IL Claim; to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADWT.f A. Claims relating.to causes of action for death or for,.injury. to ,person or to per- property or growing crops'.and which accrue on or before December t31, 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 crop's and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, :,County Administration Building, '651 Pine 'Street, Martinez, CA 94553. C. If claim is against a district governed by the Board 'of'Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp J01y L , S+c wg\,r+ > AT" ECEIVED Against the County of Contra Costa ) P 5989 or ) �p PHI;BATCHELOR District) C6ERKBOARD OfSUP 2VI;ORS Fill in name) av •.....I...'. STA CO. De ut The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 57 3, q,3 and in support of this-claim-represents-as_follow-: (�01 1& ��_1 4 1 /\ !9_E �___________ �� __S 1. When did the damage or injury oedur? (Give exact date and hour) I -�4'PPrCK.toevq7r1Y S.'00 Fl` 2. Where did the damage or injury occur? (Include city and county) Genf k i S eN Cilli ckYN 144 CONT-06 COS -F6 c00A,'1 3. How did the damage or injury occur? (Give full details; use extra paper if required)_r LL)1qS (FYI t/1 A)q A[6Y7_8 ON 13Y1r61V t1tV y R(07_u)FP't/ 6(All 'b rScA 4X6 NI W 19y, Z_( 9 01 At P>'COX. 7Z--,'Z5 1"I PN T) c SCS rAs PID THe OTHeYWAY 050 &07A z0--z6 MyTZvc4WW 4. What particular act or omission on the part of .county or district officers, servants or employees caused the injury or damage? " � l l Y700 tAp? u c iy q 09 t1c l w4 S j�q'r b oj\i T(te V'oA\ W t4\f o b Ajo emlc) v TAY_ Or of 1'94& PUT DoUJAJ 0 Se C V VQ_ T-t e. V'O( —/ bt,e ro A j) (over) 11y Ti2 vc w tq S l,li r (-'i A T►r )eS CMCN 7-f 1"I e. So-r-?eo-Ale PKSW r 5. What are the names of county or district officers, .servants or employees causing the damage or injury? �1 f e �']`7 b4Y"`�1`°� 'ill! d� �@9 M R 1 Al(f-A/4AIC C, w®,YG\(�) rs W Ho. PFO Ten P 0 W ® YID oAI 13Y/�OA( 141 wi X OA1711 ?q 5f(90 oY PAYlk 5. What damage or injuries do you claim resulted? (Give full .extent of*injuries or damages claimed. Attach two estimates for, auto damage. 7-H e \ J1 f A/j',,v b OA/ J'rfc'. F RO-O l.t. © F IHC Uel t`i-) C Ie,' AND 7-I1e WI A/ )OS I-V (!:'I 0 S16q Yf/(°X 7. How was the amount claimed above computed?, (Include the estimated amount of any, prospective injury or damage.) ,., eST) GGA -- 3,.. Names; arid addresses of witnesses, doctors and hospitals. /Y'O/I[C-. ------------------------------------------------------------------------------------- 9. List the expenditures. you made on account of this accident or injury: DATE ITEM AMOUNT ' Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: ' . (Attorney) or by some person.on his behalf." Name and Address. 'of Attorney Claimant's Signature 75 3. r'}N Yb Ye Iq w 14 y Address Telephone No. Telephone No. N O, T I. 0 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. WINTER CHEVROLET COMPANY, INC. 2101'Railroad Ave. - P.O. Box 31 - Pittsburg, CA 94565 I If your car needs body repair, we can restore it Phones: 439-8222 - 685-7910 to factory specifications with our Nicator Laser ESTIMATE REP IFS your measuring systems, accurate to one millimeter. Make sure your car is repaired the safe way,the NICATOR way. Name Addres C-e/ Phone Make Model44� -license Serial No. Mileage .,p � Insured By Estimator `" Date Symbol FRONT labor Mrs. Parts Symbol LEFT Labor Mrs. Parts Symbol RIGHT Labor Mrs. Parts Bumper Fender Fender Bumper Rail Fender Ornament Fender Ornament Bumper Bracket Fender Shield Fender Shield Fender Mldg. Fender Mldg. Bumper Guard Headlamp Headlamp Frt. System Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam Cross Member Cowl Cowl Door-Post Door Post Wheel Door, Front Door, Front Hub Cap Door Lock Door Lock Hub and Drum Door Hinge Door Hinge Knuckle Door Glass, Clear Tint Door Glass, Clear Tint Knuckle Sup. Vent Glass, Clear Tint Vent Glass, Clear Tint URper Cont. Arm-Shaft Door Mld s. Door Mld . Lower Cont. Arm-Shaft Door Handle Door Handle Shock Center Post Center Post Windshield Gla Door, Rear Door, Rear Back Glass Door Glass, Clear Tint Door Glass, Clear Tint Door Mld . Door Mld . Tie Rod Rocker Panel Rocker Panel Steering Gear Rocker Mld Rocker Mld . Steering Wheel Sill Plate Sill Plate Horn Ring Floor Floor Gravel Shield Dog Leg Dog Le Parking Light Quar. lnn4 Quar. Inner Grille Quar. Panel Quar. Panel Quar. Midg. Quar. Mldg. Quar. Glass, Clear Tint Quar. Glass,Clear Tint Fender, Rear Fender Rear Fender Mldg. Fender Midg. Fender Pad Fender Pad Mirror REAR misc. Horn Bumper I Instrument Panel Baffle, Side Bumper Rail Front Seat Baffle, Lower Bumper Bracket Front Seat Adj. Baffle, Upper Bumper Guard Trim Lock Plate, Lower Gravel Shield Headlining Lock Plate, Upper lower Panel Top Hood Top Floor I Tire /32 ww-Bw Hood Hing* Trunk lid Battery Hood Mld . Trunk lock Paint Hood letters Trunk Mldg. Undercoat C-w Ornament Tail Light Polish Radiator Sup. Tail Pipe — Muffler ` Radiator Core Gas Tank labor Hrs. E e `GZ Radio Antenna Frame Sublet S Radiator Hoses license Light Fan Blade Hub and Drum Tow—$ Fan Belt B ck-Up Light Parts $ Water Pump Wheel Shield Motor Axle Net Items Trans.—Linkage Spring23 Tax $ _ This estimate does not cover any concealed damage. TOTAL $ „ fi • J k-A F dC co v �» r CIL— U oc p 1.. n l�J CT ap'� ,b,ro�^� ti 0 mice � M M 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 October 3, 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: $372.96 Section 913 and 915.4: Please note all "Warnings" County 0unv�@l CLAIMANT: VOROUS, Dale A ri il 'o19989 ATTORNEY: Date received Martinez, GA 9 5'53 ADDRESS: P.O. BOX- 504 BY DELIVERY TO CLERK ON August 29, 1989 Clayton, CA 924517 BY MAIL POSTMARKED: August 28, 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: August 30, 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: 9 rj BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis - ator (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:_rT 3_198 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: O UT 3 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 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,Q,4LG A-. VO kD u,5 ) Reserved for Clerk's• filing stamp 0,D. iB X 6_04/ ) ?_7 Ld 0,g_ 962�7(-7 � RECEIVED Against the County of Contra Costa ) AUG 2 91989 or ) PHIL BATCHELOR CLERK BOARD OF SUPERVISORS District) CONTRACQ4TACO. De 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 $ 3 7,:;7 .11 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ------ i tnm_x_- _eA- --------------------------------------------- 2. Where did the damage or injury occur? (Include cit and county) Ca O_Z)ST7� COu>J-1-Y 3. How did the damage or injury occur? (Give full details; use extra paper if r aquired)MI"SeCAE612 R6.0AS F9i -,ttLy 01 C.EO*AP, -vE"6_0 A-�OV 4I-TODQ61f t� bJhS P� T-g, i-oo64CLR* e 'tYF-R5uofI,rCA-&:T_94 rt�Kiu, TttE duA3TyL-1- A - Cv 0 SSS ►V& SMD& & i�tIA-,,9- Ick T�fiR C_rtte- 90F 1VT YT8 u K to F S(L-T�q i,nikbL!� ,Q I�.�L�D � c _(21JQ46ALELs0L----------------------------- --------- --------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? T HIW6 G((J 4 RRr�a� �� rv� l _�� >�� Auw fJ/ oT �5'0 e�j:f_ W�1��Ay —1 H(6, 77W C#),14 7-#.,I--T-r-ff 6 16TC-4- &su 6-7� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 1v ) l�o�})l) — 004)A+0Tii ----------------------------------------------------------------------------------- 5. What damage or' injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. - 1-04�60.5 i ®F7WD J5ST-MW—$S --- -------------------=----------------------------------------1A)C-U4Q E, �---- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) .4'1110t4,07-0 F I0lIJ-k7,5. + 4-,,J-46 R . ------------------------------------------=------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. 541-Lf M • M,4&k4 y .- r�'.&� ctq i ------------------�--------------- ------------------------------------------------- 9. List the expenditures you made on account of this accident or. injury: AJ b A) DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES, TO': (Attorney) or by some person on his behalf." Name and. Address of Attorney Claimant's Signature Address CL .4 Tom Telephone No. Telephone No. CD �� , 15-3 wOR� �1i O/J Cn '1l " '78.3 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. CONCC R D AUTO GLASS P.O. Box 681 1759 Concord Ave Concord,CA 94522 Date q 2 2 19- TO ALF '1a P,,O w5 1 Address 0 bX `/ City IAV-t6 ,V , CA 1I3 0� -s-rp; S �r"%mt�e TO Re uSe v I� ecv es 1b 62 I I { I ( I I I I I I i I � fl �a I _ REDIFORM STATEMENT 8x 882 4 i A let zas � V o� N nam LAONM ..a »a -XIN to In nipOD cn 0 C 1 l 1 t t i s s t� V� r Q, O c� N 9 1 3937 ❑ SERVICE ❑ WILL CALL PHONE` DATE !, ❑ INSTALL ❑ OELIVER NAME MAKE ' P MjfDE SERIAL e ITEM TO BE SERV CEDNATURE OF SERVICE REQUEST ' DUAN. DESCRIPTION OF PARTS OR MATERIAL, AMOUNT .►� cor 11 Blum (415)3724167 LABOR p RFORMED' Total Material T' G( Tax r Total A Labor Total Amount �?DATE WANTED DEPOSIT RECD. BY $ ESTIMATES ARE FOR LABOR ONLY,MATERIAL ADDITIONAL.WE WILL NOT BE RESPONSIBLE FOR LOSS,OR DAMAGE CAUSED BY FIRE,THEFT,TESTING OR ANY OTHER CAUSES BEYOND OUR CONTROL. ORIGINAL • REPAIR ORDER • AUTHORIZED BY: 4K�$5 FMFORP7 TERMS-NET C/4$9 d NO GOODS HELD OVER 30 DAYS y CLAIM 1-241 ,• 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 October 3, 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". �.. ,>,. ty Counsel CLAIMANT• RUSSO, Michael P. AU 0 111989 ATTORNEY: Anthony T. Russo Date received , CA 94553 ADDRESS: 115 No. Sutter, Suite 205 BY DELIVERY TO CLERK ON August 31, 1989 (hand delivered Stockton, CA 95202 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: August 31, 1989 BYIL peputyLOR, 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: I �jr, 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 ORDE 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:O CT 3 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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: OCT 3 1999 BY: PHIL BATCHELOR by Deputy Clerk .01 CC: County Counsel County Administrator J / LiY/Y3C4 1 ANTHONY TRENT RUSSO ATTORNEY AT LAW W E LD 2 115 N. SUTTER, SUITE 205 ►;> STOCKTON, CA 95202 3 (209) 466-1423 UG 3 11989 ATTORNEY FOR CLAIMANT ' 4 PHIL BA: �� CLERK BOTRO'C#E @�%�T-_Itjs Y 8/�5 e 6 7 MICHAEL Po RUSSO, CLAIM FOR DAMAGES PURSUANT TO GOVERNMENT CODE SECTION 8 Claimant, 910 9 -vs- 10 COUNTY OF CONTRA COSTA, CITY OF PITTSBURG, CITY OF ANTIOCH. 11 12 13 TO : THE COUIM OF CONTRA COSTA: 14 MICHAEL P. RUSSO CLAIMS AS FOLLOWS : 15 (a) Claimant' s post office address is : 1006 Brighton Court, � 16 Antioch, Ca 94509 ; 17 (b)- Notices concerning this claim are to be sent to ANTHONY 18 TRENT RUSSO, Attorney at Law, 115 N. Sutter, Suite 205, Stockton, 19 Ca 95202; 20 (c) The date and place of the occurrance giving rise to this 21 claim is : March 12, 1989; at the intersection where Lone Tree Way 22 meets Putnam Street and Worrell Road, Antioch, Ca 23 The circumstances giving rise to the claim are: On March 12 , 24 1989 , Daniel Smith, a reserve officer for the Sheriff of Contra 25 Costa County, was on duty and assigned as a 'cover car' in the 26 West Pittsburg Area, alone and without a full time supervising 27 officer as a partner, Officer Smith was assigned to observe and 28 enforce the stop sign at the Highway 4 off-ramp at .Baily Road. -1- N 1 Reserve officer Smith observed a vehicle gothrough the stop 2 sign without stopping and stopped the vehicle, and called into his 3 dispatch as to his location and the vehicle license number , The 4 stopped vehicle then accelerated away .from him, Reserve officer 5 Smith then advised his dispatch of this action, .and advised that 6 he was in pursuit, which pursuit continued east on Leland heading 7 towards Pittsburg, attaining high speeds through residential 8 neighborhoods , including the City of Antioch, and through red 9 traffic signals and stop signs , in moderate to heavy traffic; 10 During this high speed pursuit through the City of Pittsburg 11 and Antioch, reserve officer Smith was joined by units of the 12 Pittsburg and Antioch City Police while the high speed pursuit 13 was in their respective City limits . 14 The speeds attained in these areas, including dense residential 15 neighborhoods , ranged from 45 mph to 80 mph. 16 At one time during this unbroken and continous high speed 17 chase, reserve office Smith made physical contact with the vehicl 18 being pursued, and broke off the physical contact when the vehicl 19 pursued 'jiggled' . 20 Reserve office Smith, and units of the Antioch City Police, 21 continued the high speed pursuit through residential neighborhood 22 of Minta and Putnam Streets , Antioch, Ca, and continued to chase 23 the fleeing vehicle on Putnam Street, into the intersection of 24 Lone Tree Way, against the red traffic light, 25 At that time and place, Denise Marie Russo, age 21, five 26 months pregnant, had legally entered the intersection of Lone Tre 27 way, northbound with a green light, She was struck broadside on 28 the left door by the. pursued vehicle, who at that time was drivin -2- 1 at a speed estimated to be in excess of 60 mph, 2 Denise Marie' Russo and her unborn child were killed instantly. 3 The claimant, who works about one-quarter of a mile south of 4 the accident scene, was advised of the accident about 40 minutes 5 later, rushed to the scene, observed his destroyed vehicle against 6 a stone wall where it was pushed by the force of the impact, and 7 was then advised by an Antioch Police officer and a physician 8 that his wife and unborn child were killed in the accident. 9 The high speed pursuit engaged in by reserve officer Smith, 10 without a regular sheriff deputy with him supervising his actions 11 and the pursuit, and joined by units of the Pittsburg and Antioch 12 Police Departments , was negligently supervised and/or unsupervise , 13 controlled, directed, reckless , and dangerously allowed . to 14 continue through residential neighborhoods, major arterial inter 15 sections and streets , through red lights and stop signs, with 16 negligent and reckless disregard for the saf ty of the general 17 public, and which violates all policy, both written and unwritten 18 for the safe conduct of vehicular pursuits and guidlines for the 19 protection of the general public, and violates the minimum 20 standards imposed for. such pursuits , and did indeed jeopardize th 21 safty Cf the general public,, the proximate result of which was the 22 death of Denise Marie Russo and -her unborn child, as well, as the 23 injuries. sustained by the claimant, The high speed pursuit was 24 completly out of proportion to the offense committed by the 25 pursued vehicle and the attendant risk involved in such pursuit 26 that wa,s undertaken by the pursuing officers , 27 (d) The general description of injury, damage and loss are: 28 / / 1 1 . All damages , both present and prospective, that are due t 2 the wrongful death of the claimants wife and unborn child, 3 as well.'.as the physical , mental and emotional trauma, shock, , injury 4 and distress suffered by the claimant on viewing the accident scene 5 and being told at that time of the death of his wife and unborn 6 child, 7 2 . Funeral expenses incurred ,by the claimant for his decease 8 ife and unborn child in the approximate amount of .$5,000. 00 . 9 (e) The names of- the' 'Public employees ' causing the death., 10 injury or loss are: 11 l. - Daniel Smith, a Contra Costa County Sheriff reserve officer; 12 2. . The names of the supervising officer (s) , watch commander 13 and dispatch officer for officer Smith are 'unknown at this time; 14 3 The names of the Pittsburg Police officers who engaged in 15 the high speed pursuit in Pittsburg, together with their supervise s 16 and watch commander, are unknown at this time; 17 4. The names of the Antioch Police officers- who engaged in 18 the high speed pursuit in Antioch, together with the names of 19 their supervisors and watch commander, are unknown at this time : 20 (f) Pursuant to Government Code Section 910 , (f) , the 21 jurisdiction over the amount of this claim will rest in the 22 Superior Court, 23 Da ted: Oc�-_2 J — 24 ANTHONY ENT RUSSO 25 ATTORNE - FOR CLAIMANT 26 27 28 -4 OFpljCE 81=-THE PUBLIC DEFENDER Telephone No.s For Court Use Only , 61D Court Street 1415) 646-2481 Martinez, CA 94553-1297 Attorney fors James Michael Anderson SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 725 Court Street P.O. Box 911 Martinez, CA 94553 Title of Cases Case Numbers THE . PEOPLE OF THE STATE OF CALIFORNIA, V. James 'kchael Anderson Defendant. 89-1390-7 S TJ 13M,OENA ICRIMINAL or JUVENILE) Xn DUCES TECUM THE PEOPLE OF THE STATE OF CALIFORNIA, TO: Clerk of the Board/ Custodian of 'Records Contra Costa County Board of SupServi'soi 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement with t e person named in item 3. Date' March 13 , 1990 Timet 10.00 A.M. "1:00epts 11 QDiv.s QRoom I Address$ ®725 Court St.(Courthouse), Martinez 0 1010 Ward St. (Court Annex), Martinez 2. and you are *r-1 Contact attorney for actual department where case is assigned. a. Q ORDERED TO APPEAR IN PERSON. b. ® NOT REQUIRED TO APPEAR.IN PERSON IF YOU PRODUCE TWE RECORDS described in the accompanying affidavit in compliance with Evidence Code sections 1560 and 1561. e. Q ORDERED TO APPEAR IN PERSON AND TO PRODUCE THE RECORDS described in the accompanying affidavit. The personal attendance of the custodian or other qualified witness and production of the original records is required by this subpoena. The procedure authorized pursuant to Evidence Code section 1560b, and sections 1561 and 1562, will not be deemed sufficient compliance with this subpoena. 3. IF YOU HAVE ANY QUESTIONS ABOUT THE DATE, TIME OR PLACE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR. Name: Mary Carey Telephone Number: (415) 646-2481 4. You may be entitled to witness fees, mileage, or both, in the discretion of the court. Contact the person named in item 3 AFTER your appearance. J Dated: 3/13/90 1.11 glp4ture o p son issuing subpoena) Deputy public Defender Mary Carey (title) Itype or print name) AGREEMENT OF WITNESS (Penal Code §1331.5) :F YOU DECLINE TO READ AND SIGN THIS AGREEMENT, YOU MUST APPEAR ON DATE & TIME INDICATED ABOVE. I understand that I may not be needed to testify at the time and date on this subpoena. For my convenience, I agree to the following: 1. To appear in the court having jurisdiction in this matter, upon reasonable notice, any time. within one (1) year from the date <of this subpoena. 2. To keep the person who served this subpoena from the Public Defender's Office notified of any change in my address and to provide current place of residence and manner in which I can be contacted. 3. If subpoena received by mail: and (date of birth) (driver's license number) I further understand that any failure to appear after being given proper notice as set forth in this agreement may be punished by a fine or as a contempt under California Penal Code section 1331 .5 (or both) and an arrest warrant may issue. Dated: Signature: ISee reverse for proof of service) - 1 2 . 3 4 IN THE Superior COURT OF THE State of California 5 IN AND FOR THE COUNTY OF CONTRA COSTA, Martinez , CA .6 THE PEOPLE OF THE STATE OF CALIFORNIA, ) No. 89-1390-7 7 ) 8 V. ) DEGLARATION IN SUPPORT James Michael Anderson ) OF SUBPOENA DUCES 9 ) TECUM 10 Defendant. ) I , Mary Carey declare and state: 11 12 1) I am the attorney for defendant herein 13 2 ) The Custodian of Official Records of Contra Costa County Board of Supervisors , Martinez , CA has records of 14 claims against Contra Costa Cnty in their possession, or control; 15 , 16 specifically, certified copy of documentation regarding the receipt of any claim filed against Contra ' Costa County regarding the death 17 of Denise Russo. 1$ 3) These records contain information that is relevant, material, and necessary to issues. in. this action: Necessary to th 19 20 defense of this pending criminal action. 21 You may comply with this subpoena by giving the records 22 to Dan Castori , Investigator, Contra Costa County Public Defender. 23 I declare under penalty of perjury that the foregoing is 24 true and correct. 13th March 90 Executed .this day of 19l, at Martinez, 25 26 California. 27 28 Declarant and Attorney for Defendant k0al CLAIM / .BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 3, 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: $638.76 Section 913 and 915.4. Please note all "WaGr314WY CounSo l CLAIMANT: SGAMBATI, Karen q 1q9Q QQ A U G 34_i 1989 AUG tl•� 1s7�e�. ATTORNEY: 1 2, G vo_ Martinez, Ga 9455 Da to Wei v ADDRESS: 16711 Marsh Creek, Sp. 72 BY DELIVERY TO CLERK ON August--30, 1989 Clayton, CA 94517 BY MAIL POSTMARKED: August 29, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATEDAugust 31, 1989 EVIL BATCHELOR, Clerk 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: G 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 ORD R: 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: OCT 3 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: OCT 3 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator '"lain to.: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553- C. `If claim is against a district° governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Re d for Clerk's filing stamp 71.446AJ �✓GA/hBT/ ) CEIVED Against the County of Contra Costa or ) CLE!:!K 183 Fjo PHIL MAT HL9R �EU District) By. CONT.A COSTA CO I50itG Fill in name ) �nnuty The undersigned claimant hereby makes claimrVs t t e County of Contra Costa or the above-named District in the sum of $ 76 and in support of this claim represents as follows: _ ------------------------------------------------- When did the damage or injury occur? (Give exact date and hour) 19)0 A.)A Ay _ )46as ;r -------------- --------------------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and-county) /e/ /)?/IC 6-,44T" oC441/ro,4) '}E6�.ve �erFa C'cA roA1 �a,v,-2,� C.o1 ro C'au,� --------�----y---__L. -----------------------_I------------------------------------- 3• How did the damage or injury occur? (Give full details; use extra paper if required) Tile tolLo Gv4s f c-tAf6 ,eO c.ee_6 41" , C44/.1/7-y ZXU C Ar ' 1'6 PVS' /z/,4,5 7AA!/ELin/& W esr IdEA,OGDI ERS 7- ," Ale- L 14-S -5"6 /016 .Qnlf1 ?�CI.Qe-4j Loo' OF Ieoc Ks X VS u L r/N6 / � rn y �//t/l1<S/1/�'L1) /��/�✓6 844 eg --- -------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? /vele fVelo 4/6 lO�s�.t''(OLt' B� ti!O,Q tsUPEf_1A1r&AA0 EA17J (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. 424f,e-6, lqt T CJ//L/,O -SW/Cl-0 )eFS v t ri,VG oe ------------------------------------------------------------------------------------- 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. j T1 ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code 'Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney,) : : . or by some person on his behalf." Name and Address' of Attorney Clai 's Signature Address ��' �7 Telephone No. Telephone No. - # * * V N V W * * * V V N N R N V V woze 9�a - �3�a X -;2-0- 7 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 ($10,000, or by both such imprisonment and fine. • � �FL,�� C,�,•.c.-�sr :o yo :� 5352 AS LISTED FOR LABOR AND MATERIALS ESTIMATE OF REPAIRS„ERBALAGREEMENTS NOTBINDING ESTIMATES FREE OWNER / DATE V �).P�=N 4�Jf' �i ni �p Cti�• AD?ESS PHONE ' /jl EST. NO. / (07// ?s C. z z C�Yina, Ca.9s�sr .30 Sao»e.�r INSURANCE CO. - Z Z7 ORDER NO. ADDRESS PHONE LICENSE NUMBER •) YEAR-MAK - MODEL - MILEAGE - MOTOR NO. SERIAL NO, CL fc�� o�4ti c > e r o o :o• o• a :e• 49 iYs'% Q,-iosi ��►Tr�r�`a .30, erg, N PpKT5 PRICES BASAD QIY S7ANE>ARDCATAtOG PROCtREMENT PR►CE t1SfS SUR]EC7 TE}CHANCE w�T;HC+Ut NCiTiC�. + TOTAL PROCUIiEAAEN7 AND DEUNEBY CHARGES MAX:BE ADCiE'E3 fCiR SI?ECIAt SER1�tCE t7N{i"EM5 i>It3T AYA[iABtf tQCAttY. MATER IAL ptD PARt$REMOlvi CARS 1Ntt BE]UNKED UNLESS G1THiZWISE tNSTRUCTEEt iN 4YRI11NC. TOTAL LABOR S^ 4 d 'fH> AE3C3VE t5 ASN F'$fijMATE 6lk5Ep ON:OUR ttVSPEeT}CEN/4NC3 Lt�ES N/Oi GOUE)2 ApDtfiIC�NAI PARfiS bt2 LABt�R WH}C:H MAY 6E REpU.TREp A�ME�2 T#tE WORK HA5$EEN OPENp UP,£GGASIL3h{4t LY A: fiER , t� 6t y 1YORK HhS STARTED W(>€tN PART5 ARE I]t5CC1V :FtEt3 wH.tH ARE NC3TVlLYENT tN FlRS7;INSPEC3IC}N TOTAL MATERIAL BEGAItS f7FTH,)5 T#tE A'BI�VE PRtC>S Af2E NDTGUARANTEp Ea�TIMATE TAX 3 ,7• 3/ ATHRIf?AN13�0.CEPfi�C; PAIDOUT-TOW&STORAGE SUBLET REPAIRS e� A(n,it NT ;'.f�Al'R: • 4H 429 REFORM ESTIMATE OF REPAIRS PARKER-ROBB CHEVROLET DATEe�,/� 1707:No. Main St. • Phone 934-4481 1 f WALNUT CREEK, CALIFORNIA 94596 NAME /// ADDLRE/SSy n A_ ,C'I/QTY/_ ZIPW DAYTIME�PIHONE .�f} YEARMAKE MODEL LICENSE NO. SPEEDOMETER SERIAL NO.(VIN NO.) INSURANCE CARRIER ADJUSTER CLAIM# 7 RE- - PARTS LABOR REFIN- PAINT REPAIR PLACE DESCRIPTION @ LIST HRS. ISHING MATERIALS .. HRS. &NET ITEMS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The above is an estimate, based on our inspection, and does not cover TOTAL $ $ additional parts or labor which may be required after the work has been opened up. Occasionally, after work has started,worn, broken or damaged LABOR HRS. 7% parts are discovered which are not evident on first inspection. Quotations REF.HRS. on parts and labor are current and subject to change. TOTALPER / LABOR HRS. �� X$ C �+ HR. _ $ � ' PARTS +Gr., EST. MADE BY @ LIST$ LESS %DISC. _ $ �� SALES TAX $ THANK YOU FOR BRINGING YOUR CAR TO PAINT,MATERIALS,&NET ITEMS $ TOTAL OF �'J 1(� 76' PARKER-ROBB CHEVROLET. L ESTIMATE $ r 1 i 946 - CD a � 4/L N 1 C iz SUOSI*93df1Sp0 naaoe*010 tf013H 1d8 1IHd d rl rms a3AI3338 srs.. U-0 96+306V3'X33d3InNlVM • OW6?COS SOU401SOd i 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 October 3, 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: $350.00 Section 913 and 915.4c�P � g�Ao�te unsel all "Warnings". CLAIMANT: SPARROW, Constance Sue i=1U c? r 1 1989 ATTORNEY: �►� , CA 94553 Date received ADDRESS: 1971 Johnson Drive BY DELIVERY TO CLERK ON . August 31, 1989 Concord, CA 94520 BY MAIL POSTMARKED: August 30, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED EVIL BATCHELOR, Clerk August '31 , 1 9R9 putt' II. FROM: County Counsel TO: Clerk of the Board of Sbptirrvisors N ) 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 BY: Deputy County Counsel III. FROM: Clerk of,the Board TO: County Counsel (1) County Admin' trator (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: 0 CT 3 1999 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: nra 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �..�a�c�ia-yam DVHtc1J ur' SUPERVISORS OF CONTRA COTeiurr�b i it5$l afsfaflaw�!on to: *r Instructions to Claimant Clerk of the Board ; P.O.Box 911 A 4' Martinez:Galitornl 94533 A. Claims relat' tion for death' or =or injury to person or to(personal pro erty or growing crops must. be presented not later than the day fter the accrual of the cause of action. Claims relating to a. 7 other cause of action must be presented not later than one year after the- accrual of the cause . of action. (Sec. 911. 2, Govt. Code) B. Claims must be- filed with the .Clerk of the Board of Supervisors at its office in Room 106.,..,,County „Administration Building, 651 tine Street, Martinez , California 1_+4553: C. If claim is against a district governed by. the Board of Supervisors , rather than the County, .the ' na-ine of the District should be filled in.- D. If the claim is agains..t. more than one public entity, separate claims must be filed agains.-C each public. entity, _- - E. Fraud. See penalty: -.for fraudulent . claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reser ed .for Clerk' s filing stamps RECEI rr-o Ll J Against the COUNTY OF CONTRA COSTA)_ L'C_,!�- ��De G 3 i 1989 or DI-c-TRICT) OARp CF SUPERVISOS (Fill in name) u . 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 dams e or injury nccu ? (Give exact ate and hour 'f t441W -`o �cc i f 7�e27- 'p '� e r 'S/ 60/=S -------±---- ---------------- - ----------P�-----------=------ 2 Where d ' d the d age or injury occur? (Include city and county) C S q COV 1,k GNfi�0>►� -roc N 3. How elic the damage or injuz17cu-� (Give fu i details, u$e ex a sheet if required) m �fz5o& �. rp r' � 4 ArW� roryL /n2 ,•� GS (�G2'w CirJ4 NG'f ►� � 5 �szcl =-�• ne=------------------- 9 . What particular act or omission on the part of county or district o ficers , servants off^employees caused the injury or damage? ,fir /GAS , 7pv� 7� oevq MS ai lO -� S a �d c+� {�`�'/ �. .�.�-►''�• . ;. .- (over) . . '.:5..:,:•Jr zat•. ar.e...the..names of county or district officers , servants or ►' ' T employees causing he damage or in ur 1> JD c wpm jG, - rp(,e�cu��S 4�c e,n� rar►�, j� C Dom. 7__ ----- - ---------- --- ----Z -------- - - S6Whatdamage or injuries o you clm resulted? (Give full dtent of injuries or damaqes claimed.l,,�A�rc;Rra,-,eOr_e_/ h two estima es fo ut�q� . d mage) ✓Inti lh$ �� tom` iXiCr I/4D r -2o4 7. ----------------- How was the ount claimed above computed? (Include the estimated P ..1 , amount Xo a prospective injury or damage. ) /� Q�'f/ A,&q/�Como)Al- e��- '�' S �i':✓le._ �'��• -� rrV � �e-r5aa --------------------------------- ------------------------------ 8. Names and addresses of witn ses doc rs and hosait s. ��A)e— �. C p 40 iN 1 / -1b 9 . List t e expediures you made o accoun, of this accid t or incur 4 �4� DATE 4 I'T'EM AMOUNT Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES- T0: (Attorney) or by some oerson-, on his behalf. " Name and Address. of 'Attorney t>; Claxm=, Signature • Addr ss Telephone No. Telephone No. NOT I C•E Section 7 2•'•of the Penal 'Code provide s: "Every person who, with intert to defraud, presents for allowance or for payment to any state, board or officer , or to any county, ' o- rirn, city district, ward or village board or officer, authori'z'ed to .allow"or pay the same if genuine , any. false or fraudulent claim, !.bill, account , voucher, or writing, is guilty of a felony:. " Ve- J"IC4�/oma 0?0/ i�C�SCa. . de 7t 5�MIX:Vt, 4r, Q t Co a a CONTRA COSTA DETENTION FACILITY PROPERTY RECEIPT . DATE: fs:'. 1�+'Lz� REC: l:'L�fJQ3 TIME: 1351 FACILITY: NAME: SPARK W' .0 .lw� ff�:ISL S'v'; D.O.B.: -•- :• - :1 - - BOOKING NBR: :f ;L'•13(i17•i.' ITEM UNDER COUNTER: ' Y OR N CASH: $ JEWELRY: ?i DESC..'. WATCH: id DESC: a LIGHTER: I WALLET/PURSE:: KEYS: t1 GLASSES: BELT: KNIFE: P.y! ` \ OTHER. S E.AL.EL) BJ BKG OFC: t INMATE SIGNA RE DATE: ' ' I HAVE RECEIVED ALL OF MY PERSONAL PROPERTY. REL OFC: INMATE SIGNATURE fi �fi t t 3 ° s CLAIM / 2� 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 October 3, 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: $250.00 Section 913 and 915.4. t3V1fygte•®lI "W�adrnings". CLAIMANT: ARVIG, Lee R. ``�� 1989 ATTORNEY: Martinez, Date received CA ,94553 ADDRESS: 16000 Brookdale Drive BY DELIVERY TO CLERK ON August 31, 1989 (via Risk Mgmt. ) Guerneville, CA 95446 BY MAIL POSTMARKED: August 30, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp��{{IL BATCHELOR, Clerk DATED: September 1, 1989 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of ttrptervisors 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: 1 2 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 o.f•the Board's Order entered in its minutes for this date. Dated: 0 C T 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: o C T 3 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim".o: BOARD OF SUPERVISORS OF CONTRA 'COSTA COUNTY • ;. INSTRUCTIONS TO CLAIMANT A. - Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must. be presented not later than the 100th day after the accrual of the cause of ,action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue' on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later.than one year after the accrual of the cause of action.. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Rese r.41 eckla-LILing--stamp, t via, f.CEIVEDU�. (►� Against the County of Contra Costa ) AJG 3 11989 or ) 1 3'.do P M PHIL BATCHELOR CLERK BOARD OF SUPE RVISCR�i B District) CO TP COSTA Cop y Deputy Fill in name ) The undersigned claimant hereby makes claimainst the County of Contra Costa or the above-named District in the sum of $ oto �� and in s ort f this claim represents as follows: ------ ------ 7 -----Y)o 1. When did the damage or injury occur? (Give exact date and hour) --------- 1�-----r—-- --- �(�- ---/----------------------------- 6 2. Where did the damage or injury occur? (Include city and county)g 0 C, VZ A�1 V) a15 s 3. How did the d �e,or injury occur? (Give full details; use extra paper if required e 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �ceSSJ tj2 C,o0 SCS U2�. 6Y) ` OG( A w U (over) S/o c Ci§ C, fL w � . LEE R. ARViG 26000 BROOKDAL£ DRIVE GU£RNEViLLE, CA 95446 ` r: m fl sm 1 / /%S SANTA ROSA SAN RAFAEL FAX (707) 545-8363 I I / 533 PACIFIC AVENUE 3115 KERNER BLVD. LIC, NO. C17-448036 OVDEN WP.O. BOX 11646 SAN RAFAEL, CA 94901 ,E SANTA ROSA, CA 95406 (415) 453.5212 INVOICE NUMBER (707) 545-8343 XXXXXX QUOTE r _- WHOLESALE - (800) 654-7735 F- CASH ACCOUNT -� LEE ARVIG 707 889 3570 IL _I`nd Phone CASH CHARGE CREDIT WHSLE FET WPU DEL INSTL MOBILE' M T W TH F S AM PM TIME X X DATE ACCOUNT NUMBER P.O.!POLICY NUMBER CLAIM NUMBERSALESMAN WORK ORDER PHONE NUMBER 08-28-89 61-151 707 869 3570 DATE OF LOSS TYPE OF DAMAGE CAUSE AUTHORIZED BY DEDUCTIBLE AGENT YEAR MAKE MODEL BODY STYLE V.1. STOCK NO. LICENSE # INSTALLED BY r 5 dHE MOLE k OVA :D SEDAN QTY. PART NO. DESCRIPTION CTL LIST PRICE TOTAL I W844 S WINDSHIELD 325. 75 207. 67 207. 67 I LABOR 66. 50 66. 50 1. KIT 7. 00 7. 00 SPECIAL COMMENTS _ SUB TOTAL DIRECTION TO PAY: The glass listed has been replaced with like kind and quality to my satisfaction,and I authorize my insurance company to pay ISSEL'S GOLDEN WEST GLASS directly. I.agree that if not covered by insurance, or if my SALES TAX insurance company rejects or only partially pays the due amount, the full balance is due and will be paid by the 10th of 1 the month following invoice date.A FINANCE CHARGE of1.75%per month or 21% ANNUAL PERCENTAGE RATE will be added to all past due accounts. If collection is made by suit or otherwise,1 agree to pay interest at the above rate until TOTAL the amount due is paid,also collection costs including reasonable attorney's fees and legal expenses. PA PLEASE REMIT TO RECEIVED BY (DATE ISSEL'S GOLDEN WEST GLASS P' BOX 11646 CUSTOMERS SIGNATURE CUSTOMER COPY SANTA ROSA, CA 95406 W CICJC]MS;E IL_C1111 S; 3 r 00..t - No. 08-28-85 .. a•, � ;�iNSURANCE�. " CO WIAME'r` AGENT`S `? • " ` NAME;:M„` APDREss LEE ARVIG r °:CITY S7ATE* 16000 BROOKDALE DRIVE P"E GUERNEVILLE9 CA r y POLIC1 NAME THANK YOU FOR YOUR t�t�IreEt„ BUSINESS AND SPEEDY PAYMENT VARIFIED"aY= • ;CLAIM CGDE„ GATE OP >t s75 ti •MAKE' ,I Chevrolet M£7DEL Neva CAUSESt YERR �: 1975 4 s C>i Cy C' TERMS CUSTOMER ORDER NO. SOLD BY SHIPPED VIA SHIPPED FROM DATE SHIPPED' Cash Quantity Part # Color Kit Labor. List Sell Net 1 W844 Shaded 9. 75 3. 5 Hrs. = 65. 00 325. 75 219. 88 294. 63 Description Unit Price 1 REPLACE WINDS I-9I ELD 0. 00 0. 00 Tax 13. 78 Comments THANK YOU! ! WE APPRECIATE YOUR BUSINESS RECEIVED BY: NO1, A4 CIA AN[} RETURNED GOOpS MUST BE ACCf?MPAf IfED SY Tti1 REGEIFT 308.41 Allmaterial is guaranteed to be as specified. All work to be completed in a All goods and services ordered or received by the above named party,or their workmanlike manner according to standard practices. Any alteration or principals,are subject.to the following conditions which are hereby accepted deviation from above specifications involving extra costs will be executed only and agreed to by the person ordering or receiving said goods or services. upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond All claims and returned goods must be accompanied by this receipt. Terms of our control. Owner to carry fire,tornado and other.necessary insurance. Our payment are ten(10)days net from invoice date. All accounts are commercial workers are fully covered by Workmen's Compensation Insurance. accounts and not open accounts. All delinquent accounts shall bear interest at the rate of 11/2%per month;an annual percentage rate of 18%. X 10 4 �dwA ce C) w �� CLAIM Z y s 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 October 3, 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 ertPh' raph IV below), given pursuant to Government Code Amount: $96.00 SNcr ' Lt .399,J5.4. Please note all "Warnings". CLAIMANT: KLINE, Debbie R. 8f,p 5 1989 ATTORNEY; Martinez, CA -94,553 Date received ADDRESS: 451 - 3rd Street BY DELIVERY TO CLERK ON September 5, 1989 Richmond, CA BY MAIL POSTMARKED: September 1, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Cler DATED: September 5, 1989 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of S rvisors 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: /c j�q BY:_I -',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 o.f�the Board's Order entered. in its minutes for this date. Dated: n PT 3 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(;T 3 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ( ±:LAIN% TCS BOARD OF SUPERVISORS OF CONTRA C0 'tA �g � application e ur t i d'1 to: r ." Instructions to Claimant Clerk of the Board P.O.Box 911 Martinez.Califomi 94533 A. Claims relating to causes of action for death or =or in3ury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual -of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be- filed with the Clerk of the Board of Supervisors at its office in Room 106 , County _Administrration 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. ntity. -E. Fraud. See penalty for fraudulent claims, Penpl„F,Co_ de Sec. 72 at end of -his form. , RE: Claim by ) Reserved .for Clerk' s filing stamps Against ..the COUNTY OF CONTRA COSTA)_ SEP 51989 Or DISTRICT) PHIL BATCHELOR CLERK BOARD OF SUPERVISORS (Fill in name) ) Co STA CO. . The undersigned claimant hereby makes claim against th unty 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) Y;. j 2. Wh � dict the damage or injury occur. (Include city and county) 14— 3. -How did the damage or im 'ury occur? (Give full details , use extra sheets if required 44, 24'.. 40 ____ __ _ - 4 . -What particular act or omission ozn the part_ _ofcounty or district officers , servants or employees caused the injury or damage? 1 � ` (over)- '.:5..:,:•f zat.. are...the...names of county or district officers, servants or Y I employeescausing the damage or injury? ---- -- - 6. What damage or injuries do you claim resulted? (Give full- --ex-t-en- t ___-1%1 of injuries or damages claimed. Attach two estimates for auto ' damage) - - ------- ----------- - ----------------- -------------- --------- 7.--H-ow--was- thamount claimed abode computed; (Include the-estimated--- amount of any prospective injury or damage. ) - --------- -- ------ t �----- - --------------- 8. NamWana�adresses of witnesses , doctors and hospitals. dam°' ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE, ,_.. . . ._._' I'T'EM 7--MOUNT Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by,_,some oerson' on his behalf. " Name and Address of Attorney Claimant' s S%irgnature �,, Address Telephone No. E Telephone No. ,_1® Z 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 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. " i i y �17 V� co �J Cs p„ m 9 d :r a k C CLAIM 2 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 October 3, 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: $50,000.00 Sec"Ufflfya&R1fi4el Please note all "Warnings". CLAIMANT: THIEMAN, Heather Hayes S E P 5 1989 ATTORNEY: George B. Altenberg, Jr. Martinez, CA 94553 Attorney at Law Date received ADDRESS: 847 Fifth Street BY. DELIVERY TO CLERK ON September 5, 1989 Santa Rosa, CA 95404 • `*� P No E/90 ?/1 BY MAIL POSTMARKED: August 31, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: September 5, 1989 BYIL Deputy ELOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) 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: Q C T 3 19N.- PHIL BATCHELOR, Clerk, By Deputy Clerk 171' 1 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: OCT 3 Tqp q BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �0 RECEIVED CLAIM AGAINST COUNTY OF CONTRA COSTA SEP 51989 (Government Code Section 910, et seq.) PH;L BATCHELOR CUR CONTR Of SUA CO SORS e u Claimant HEATHER HAYES THIEMAN, 3496 Spring Creek Drive, Santa Rosa, CA 9 405 Send all notices concerning this claim to: George B. Altenberg, Jr.,Attorney at Law, 847 Fifth Street, Santa Rosa, CA 95404, Telephone: (707) 579-1888 Injuries occurred on March 23, 1989 at approximately 11:30 a.m. Location of Incident: City of Martinez, County of Contra Costa, State of California. Circumstances of Occurrence: Claimant was injured when a car driven by Contra Costa County employee Alvin Ernest Perry failed to yield the right of way to claimant's car, causing a collision between the two vehicles and the injuries and damages described herein. Claimant was seriously injured, suffering hospital and medical expenses, loss of earning capacity, general damage,prejudgment interest, injury to her health, strength, and activity, all of which said injuries have caused and continue to cause plaintiff great mental,physical, and nervous pain and suffering. The employees of the County of Contra Costa who are responsible for the injuries and damages are Alvin Ernest Perry and others not known to claimant at this time. Claimant has suffered and will suffer damages as a result of this occurrence in the amount of approximately $50,000.00. Claimant has been treated by the following medical providers: Merrithew Memorial Hospital Regional Ambulance, Inc. Other providers as needed DATED: August 31, 1989 GEOR . ALTENBERG, JR., Attorney for Claimant r • b 1 PROOF OF SERVICE BY MAIL- CCP §1013a, 2015.5 2 I declare that I am employed in the County of Sonoma, State of California. I am over 3 the age of eighteen (18) years, and not a party to the within action. My business address is 4 847 Fifth Street, Santa Rosa, California 95404. 5 On August 31, 1989, I served the within Claim Against County of Contra Costa on the 6 parties interested in said cause by placing a true copy thereof enclosed in a sealed envelope 7 with postage thereon fully prepaid, in the United States mail at Santa Rosa, California, 8 addressed as follows: 9 10 Contra Costa County Board of Supervisors 651 Pine Street, Room 106 11 Martinez, CA 94553 12 13 I declare under penalty of perjury that the foregoing is true and correct, and that this 14 declaration was executed on August 31, 1989, at Santa Rosa, California. 15 16 A 17 GLORIA L. BORN 18 19 20 21 22 23 24 25 26 27 28 �..� og�;}, George B. Altenberg, Jr. Attorney at Law 847 Fifth Street Santa Rosa,CA 95404 al .:t wUc U V iot Cc .� ct ~ Z Kyr.' N o C. 4�"y 0 CT >p �., CO po-v 4 : �r CL. 10 . U CLJ Yu j u s� cr t I fU �J cr o .D m g� o 4)P a a Q v � o c h cCa ococ t <[ o O cv CJ