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MINUTES - 10101989 - 1.14
CLAIM /p BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the BoaJd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 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: $180.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ROGERS, Charles ATTORNEY: Date received ADDRESS: 708 - 11th Street BY DELIVERY TO CLERK ON September 6, 1989 (via transmittal) (incomplete) BY MAIL POSTMARKED: none I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Se tember 8 1989 PpHHIL BATCHELOR, Clerk DATED: p BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �hI ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 11 BY: - 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. A Dated: OCT O 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. egS 1r*Cv11f-rU4e--c.�a+�Ol.e ?►'1�ic�. ��Q Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM Charles Rogers lth St. Unkno Re: Claim of CHARLES ROGERS Please Take Notice As Follows: The claim you presented--against- the-County of Contra- Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: X 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 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. 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 yC�nsel CERTIFICATE-OP-. SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. S§ 641, 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S . Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. cc: Clerk of the Board of Supervisors (original) , Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 . 8) t CLAIMTC�: BOARD OF SUPERVISORS OF CONTRA COTAt �g e ur r'9, appllcatle n to, 77 Instructions to Claimant Clerk of the Board P.O.Box 911 Martinez,Californf 94553 X.. Claims relating to causes of action for death or for injury t`o person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled .in. D. I.f the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps 1"S'.E C E 4 1 V E1 3 Against the COUNTY-LF CONTRA COSTA) p /' 1989 or DISTRICT) P,", 8ATCHROR CLU r'�U�RD OF SUPERVISORS (Fill in name) ) Cc1...n;T A 0"TACO. B .......... . .. Deov_t . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1/0-10-0 and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) ---------------------- ------ - ---------------- - 2.,�-'Where did the damage or injury occur? (Include city and county-) ---- r� _Q >> 1-ec�--�C?F 1� 1 � �c1he�_lit Ca_r fir_ 3. How did the damage or injury dccur? (Give full details , usextra heets if required) ' (k) e_r-e n�-� R m �n 5 I D n9 i.nom s___ � �� __ f__c�cif^ cif_ h c�s_ � �_ _ .�rze= 4. What particul� act or omission on the part of c unty or district ; officers , servants or employees caused the injury or damage? r nS (ovO!z) Y� :,�::5..:-:•, iatt ar.e..the...:names of county or district officers, servants ,oT-- employeescausing the damage or injury? ------------- -- -= I L- L 6. What damage or injuries do you claim resulfed? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) r— -----1-h ---h-� - - =- -- r_ Z ------------ 7. How was the amount claimed above domputed? (Include the estimated amount of any prospective injury or damage. ) - ---------------------------- 8. ames and addresses of wi nesses--doctors and hospitals . - 9 . ist the expenditures you made o account of�-tis accident or injury. �C P-TE (Ln c7 M tin J �l�'e I TEM AMOUNT X96 . �a`SSeCL Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by e person on his behalf. " Name and Address of Attorney Claimnt' s signature Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, 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. " CLAIM fg BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Ll Claim Against the County, or District governed by) BOARD ACTION the..Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10 , 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 4U n graV}, Vp ed pw), given pursuant to Government Code Amount: $10,000. 00+ ectt1 n '�1` and 915.4. Please note 00UWIri 13Unsel CLAIMANT: SCHUBERT, Jane A. �tp I v 1989 11'1989 Clyde Y;. Butts Martinez, t o . 45 s3 ATTORNEY: Law Offices of Marraccini Martinez, CA 94553 Butts Date received ADDRESS: 1225 Alpine Road , Suite 204 BY DELIVERY TO CLERK ON September 12 , 1989 Walnut Creek, CA 94596 BY MAIL POSTMARKED: September 11, 1989 Cert. P 484 873 805 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 14, 1989 RYIL DeputyLOR, Clerk p An Cervelli 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: tI BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV.. BOAR�This By unanimous vote of the Supervisors present ( 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 CT J 0 1989 PHIL BATCHELOR, Clerk, By /�- Deputy Clerk WARNING (Gov. code sec ' n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the. United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: I. Butts Law 0 s of Marraccini & Butts 1225 Alpine d, Ste. 204 Walnut Creek, CA Re: Claim of JANE A. SCHUBERT Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: x 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 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. 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 C66Aty Co CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. §§ 641 , 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, -California. I certify under penalty of 'perjury that the foregoing is true and correct. Dated: at Martinez, California. cc: Clerk of the Board of Supervisors (o iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C,.§§ 910, 910 . 2, 920 .4, 910 . 8) LAW OFFICES OF MARRACCINI & BUTTS RODNEYA.MARRACCINI 1225 ALPINE ROAD,SUITE 204 ������ � CLYDE I:BUTTS WALNUT CREEK,CALIFORNIA 94596 JEAN M.CURTIS (415) 943-1850 WILLIAM S.KRONENBERG 1989 SEP 12 rVl,- gF•,T HE!OR 50R5 CLERK BOA n ONO>, ACO pe ut September 11, 1989 RETURN RECEIPT REQUESTED CERTIFIED MAIL County of Contra Costa Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Claim of Jane A. Schubert To Whom It May Concern: Enclosed please find Ms. Schubert' s Claim against the County of Contra Costa. Please stamp the original "received" and return it to us in the self addressed, stamped envelope. I have provided an extra copy for your records. t ou for your cooperation in this matter. ly . Dickinson - v Secretary to CLYDE I. BUTTS Enclosure(s) 9'. CLYDE I . BUTTS 1 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 2 Walnut Creek, California 94596 3 Telephone: (415 ) 943-1850 RECEIVED OS Attorneys for Claimant �4s?V 4 JANE A. SCHUBERT SEP 121989 5 I`I:L uATCHELOR CLERK M,RD Of SUPERVISORS C TRA COSTA C De ut 6 7 Claim of JANE A. SCHUBERT 8 Claimant, 9 VS. 10 COUNTY OF CONTRA COSTA 11 12 TO: COUNTY OF CONTRA COSTA Board of Supervisors 13 651 Pine Street Martinez, CA 94553 14 15 Pursuant to California Government Code §910, this claim 16 is presented to the County of Contra Costa as follows: 17 NAME AND ADDRESS OF CLAIMANT 18 Jane A. Schubert, c/o Law Offices of Marraccini & 19 Butts, 1225 Alpine Road, Suite 204, Walnut Creek, California. 20 NOTICES REGARDING CLAIM SHOULD BE SENT TO 21 Clyde I . Butts, Esq. of the Law Offices of Marraccini & 22 Butts, 122.5 Alpine Road, Suite 204, Walnut Creek, California. 23 CIRCUMSTANCES GIVING RISE TO CLAIM 24 On April 10, 1989 at approximately 12: 56 p.m. claimant 25 was travelling eastbound on IIighway 4 west of Interstate 680 in 26 Contra Costa County. Due to roadway construction, traffic was 27 heavy and congested in the area near -the eastbound Highway 4/ LAW OFFICES OF 28 MARRACCINI&BUTTS —1— 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 Pacheco Blvd. on ram' The vehicle travelling in front of 1 claimant came to a stop because of traffic. Claimant was in the 2 process of slowing her vehicle when she was struck from behind by 3 a vehicle owned by Contra Costa County and operated by a Contra 4 Costa County employee. 5 DESCRIPTION OF INJURY AND DAMAGE 6 Claimant sustained soft tissue injuries to her neck, 7 shoulders and back. As a result of her injuries, claimant was 8 unable to work in her usual occupation for approximately three 9 weeks. Claimant' s vehicle sustained major damage to the rear and 10 minor damage to the front. 11 PUBLIC EMPLOYEES INVOLVED 12 According to the California Highway Patrol report, the 13 Contra Costa County employee driving the vehicle was Ernest Lytle 14 Chapman. Michael Teicheira was a passenger in the County 15 vehicle. Claimant is unaware of the names of the public 16 employees who may have been involved in entrusting the vehicle to 17 Mr. Chapman and/or Mr. Teicheira. 18 AMOUNT CLAIMED 19 The amount claimed is in et_ress of 8,1-19, 000,00. 20 Jurisdiction over this claim would rest in the Contra Costa 21 County Superior Court. 22 Dated: September 11, 1989 . LAW OFFICES OF MARRACCINI & BUTTS 23 24 By 25 �LYRDE I . BUTTS Attorneys for Claimant 26 27 28 LAW OFFICES OF MARRACCINI&BUTTS _�- 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 a { 3 Z1) , t iY{v� X46 V j W CO ✓b Q N UI try 7� p !4 Jy 00 s •� 41 6� 1A O 00, 0 dJMA t4 M °off co 0 0 ,Q OCI d 4- cla rn N � Q N V" Y }f. AMENDED CLAIM ILI 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 10, 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: over $10,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FONG, Bobbie Elizabeth ATTORNEY: Date received ADDRESS: 1770 Carmel Drive #300 BY DELIVERY TO CLERK ON September 8, 1989 (hand delivered Walnut creek, CA 94596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH}{ gg DATED: September 8, 1989 BYIL DeputyLOR, Cle II. FROM: County Counsel TO: Clerk of the Board of Supervisors �(v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) ,Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 9 f (( � � 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 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: OCT 10 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec(;W 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 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator w �.Clalh 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 ) Reserve f r Clerk's filing stamp EIVED • 3 a q.ph. Against the County of Contra Costa 1989 or ) GIEK pHTRp OFN-LOR District) C'Qjj, TA CQ;gCR Fill in name ) eYt� Deputy The undersigned claimant hereby makes claim aga st the County of Contra Costa or the above-named District in the sum of $ r ,D.e an . pn support of this claim represents as follows: eop ------------------------------------------ -------------- -� -------`--------- 1. When did the darrog•� ••nr injury oc^ur? (GiNn exact da:: and hour) ---------------------------------------- -------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) (?07Z.�2'c=C`l aZ elo� ----�- Ca Coyer a o�Z'� CJa-, _ 3. How did the damage or injury occur? (Give full details; use extra paper if required)71v cue e_- 720 - j4ea-►,.� - �,w - 7--'7� z l.� ,�-.•-enc.-,.R"/C- pv VL,� -../O c-�e..t..t.,:� sem.-✓_,�,•.=..�..r-c�� -�-t.a-'e-¢i � . T..�ce�t,O-h.� .�-` ------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? o��Pe•,� z�- bz ,fl��-Z, .A�Q .,.� `���� �I per. �: .,,.�, �t � t�E-�a�,•�' ��� n�" �'-�'�--�� � a---Q' .� ,��_�'k..���,-��$ � .Cv�r,�s<r•i �2�-v..,a�.c--,-eea.. �.v cti.�<-�..i •-r-G µ-ms )`a - r , 5. 'What are the names of county or district officers, servants or employees causing e ,orinjury?` 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. . �°` 1,6L - --------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective in jury or damage.) 'yCa..e e,e� 't, a o o, o o c-vQ ------------------------------------------------------------------------------------- y 8. Names and addresses of witnesses, doctors and hospitals. le ------------------------------------------------------------------------------------- 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 ewe, �zti q Clai 's Signature ` /77o Ca-z, e'2iz�� �.fav Address Telephone No. Telephone No q S 6 —O 7 �t * NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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. I - 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 Governiment .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 names) of the public- employee(s) ublicemployee(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 . Others VICTOR 'J. WESTMAN, County Counsel By• Deputy- Coun Cou eT` CERTIFICATE'-`OF :SERVICE- BY MAIL ' C:C- P: ' 1;5-1012, 1013a, 2015.5;"Evid. C`. .55 6'41, 664) My business 'address•is the County Counsel's' Office-of Contra Costa - County, ostaCounty, Co. Admiri. 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. (� p Dated: 7"S� 0 , at Martinez, Ca ifornia. cc: Clerk of the Board of Supervisors (origin ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910.2, 920.4, 910.8) AMENDED CLAIM BOARD OF 3UPERVT50RS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Arainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WELLS FARGO BANK ATTORNEY: David H. Gartshore, Esq. Jordan, Keeler & Seligman Date received ADDRESS: One Embarcadero St. , Ste. 840 BY DELIVERY TO CLERK ON September 8, 1989 (via Counsel) San Francisco, CA 94111-3613 BY MAIL POSTMARKED: September 6, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 8 1989 PpHHIL BATCHELOR, Clerk DATED: p 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 11 � 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: O C aT 10 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secion 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 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator JORDAN, KEELER & SELIGMAN ATTORNEYS AT LAW t ONE EMBARCADERO CENTER Rp`h E I V E® I SUITE 840 �„f%�L.�nty �d A� �;dil Xse' r C t?C!tl S SAN FRANCISCO,CALIFORNIA 9411 1-361 3 S, 1989 (415)397-4600 Vit'r, r 1989 TELECOPIER(415)392-2059 (�R^�L•re � (� rl Al ii¢.1 tlt iC`, 4. A 94G �y PHiL B/�TCHc.LOR �5O CLEgK BOARD OF SUqp:rR iSC'M3 E;y ,1.;,'/'f/ Deputy August 28, 1989 Re: Amended Claim by Wells Fargo Bank for Indemnity (Melinda Douglas v. Wells Fargo Bank, Contra Costa County,, Case No. C8902619 ) Dear Mr. Althoff: In response to your Notice of Insufficiency of Claim (purportedly mailed August 9, 1989, but received by this office today, August 23, 1989) , a copy of which is attached, Wells Fargo Bank, N.A. hereby submits this Amended Claim for declaratory relief, indemnity, and fees in compliance with Government Code §§ 910 and 945. (a) Claimant is Wells Fargo Bank, N.A. , a national banking association with its principal place of business at 111 Sutter Street, San Francisco, California 94103 ("Wells Fargo") . (b) All notices with regard to this claim should be sent to claimant's attorney, David H. Gartshore, law offices of Jordan, Keeler & Seligman, One Embarcadero Center, Suite 840, San Francisco, California 94111-3613 . (c) On or about April 12, 1989, Contra Costa County, through the District Attorney's Family Support Division, caused the issuance of a Notice of Le'v'y and i'r'rit- of Execution directing Wells Fargo to withdraw the sum of $12, 641. 69 from all accounts, including account number 633 55 97068 among others, at Wells Fargo Bank in Richmond, California. Account number 633 55 97068 is entitled "Freddie Douglas Guardian for Melinda Douglas. " (d) The Notice of Levy and Writ of Execution were issued pursuant to a judgment against Freddie Douglas, as judgment debtor, in favor of Contra Costa County, as judgment creditor. (e) Although the Notice of Levy and Writ of Execution were facially valid, the guardian for Melinda Douglas contends that the County's execution against account number 633 55 97068 violated California Code of Civil Procedure Section JORDAN, KEELER &SELIGMAN Phil Althoff August 28, 1989 Page 2 699.720 (a) (10) , as Melinda Douglas' account was established as a guardianship account. (f) On or about June 26, 1989, Melinda Douglas, through her guardian, filed a complaint in the Superior Court against Wells Fargo and Contra Costa County for, inter alia, breach of contract and negligence in withdrawing the funds from Ms. Douglas ' account. (g) Accordi::gly, Wells Fargo seeks rode. ty frog: Contra Costa County for any judgment entered against Wells Fargo in the Superior Court action by Ms. Douglas and for reasonable attorneys fees and costs of suit incurred in defending the action. (h) The names of public employees causing the loss to Wells Fargo are presently unknown, but are believed to be personnel in the District Attorney's and County Clerk' s offices. (i) Wells Fargo's losses exceed $10, 000. 00 and jurisdiction over its claims will rest in the Superior Court. Very truly` yours, David H. Gartshore DHG:bp Certified Mail/Return Receipt Requested Certificate No. P 841 956 222 913 althoff.ltr 56/1 1 n co lo % tion�•"-* � `'ri�� fn r � r cY �. N 0 0 rA ® # k 1A v . � cn �e, PA z 4 `L v 7 6 m N Y u iQ W W N U 6 d W Z a h i l7+ 0 7 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 10, 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: $2,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KNOTTS, Ralph ATTORNEY: Michael P. Clark, Esq. Hinton & Alfert Date received ADDRESS: 2940 Camino Diablo, Ste. 300 BY DELIVERY TO CLERK ON September 6, 1989 (hand delivered) Walnut creek, CA 94596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED September 8, 1989 E(�IL BATputyLOR, 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: r Dated: Ii� � 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 o.f the Board's Order entered in its minutes for this date. Dated: OCT 1 n 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:—OCT BY: PHIL BATCHELOR by Deputy Clerk dr CC: County Counsel County Administrator MICHAEL P. CLARK, ESQ. ....- -- ;;-G f"4-z HINTON & ALFERT A Professional Corporation 2940 Camino Diablo, Suite 300 /aoS �''`�fj Post Office Box 4906 4 SEP 6 1989 Walnut Creek, California 94596 LL(iF;BOARD 0, I WERViSO- Telephone: (415) 932-6006 `„ e� CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY This claim is presented by the Law Offices of Hinton & Alfert, a Professional Corporation, on behalf of Ralph Knotts. Claimant resides at 919 Viewpoint Boulevard, Rodeo, County of Contra Costa, State of California. Notices concerning the claim should be sent to the Law Offices of Hinton & Alfert, 2940 Camino Diablo, Suite 300, Walnut Creek, California 94596. The claim arises from a vehicular/pedestrian accident which occurred on or about March 10, 1989 on Parker Avenue, 155 feet north of Sixth Street, in an unincorporated area of Contra Costa County, California. On said date and at said place the claimant was walking along the shoulder on the east side of Parker Avenue when an automobile driven by Alfred W. Anderson, traveling northbound on Parker Avenue, crossed onto the shoulder of Parker Avenue and collided with claimant, proximately causing claimant's injuries as described herein. i At the time of the accident, Parker Avenue was a public highway which was designed, controlled, owned, operated and maintained by the County of Contra Costa and was subject to heavy amounts of traffic traveling at high rates of speed, and it was reasonably foreseeable that vehicles would cross onto the shoulder of the roadway, which narrowed and jogged to the west at the accident site, by reason of a driver's inability to see or anticipate this sudden roadway change or from a failure of vehicular equipment or from other causes, and it was reasonably foreseeable that collisions between vehicles and pedestrians would occur at or about the place of the accident. The County of Contra Costa negligently designed, constructed, maintained, operated, controlled, inspected and supervised said roadway in such a dangerous and defective condition, without adequate lighting, roadway signs, roadway markings, sidewalks or other means to prevent or control vehicles at the point at which the roadway narrowed and jogged to the west, and without any adequate warning of or means of preventing collisions between vehicles and pedestrians, in violation of standards set by the State of California. The County of Contra Costa created and maintained a dangerous and defective condition of said roadway as aforesaid and created a substantial risk of injury to persons using the said street with due care. Said condition created a trap for both motorists and pedestrians. Said condition was created by the County of Contra Costa, its employees and others, and the County of Contra Costa had actual or constructive notice of the dangerous and defective condition of said roadway a sufficient time prior to the accident to have corrected the dangerous condition. As a proximate . result of the negligence of the County of Contra Costa and its employees, and of the dangerous condition of said roadway, Ralph Knotts was seriously injured, sustaining a closed head injury and other injuries which are presently undiagnosed, in the automobile accident above-described, and was damaged as described herein. The names of the public employees causing the above- described dangerous condition or accident are not presently known to claimant. The amount claimed, as of the date of the presentation of this claim, is $2, 000, 000. 00, consisting of general damages and special damages, including, but not limited to, medical expenses and loss of earnings and earning capacity. Dated: September 5, 1989 HINTON & ALFERT By MIC L P. CLARK Attorneys for Claimant CLAIM I l J } , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 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: $262.58 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GRANT, Perry L. ATTORNEY: Date received ADDRESS: 1267 Coventry Road BY DELIVERY TO CLERK ON September 8, 1989 Concord, CA 94518 BY MAIL POSTMARKED: September 7, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Cle DATED: September 8, 1989 BY: Deputy ROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: II !�� BY: - Deputy County Counsel �T III. FROM: Clerk of the Board TO: County Counsel (1) County Admi trator (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 o.f the Board's Order entered in its minutes for this date. Dated: OCT n 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: 0 C T 16 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, 651PineStreet, 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 REC) Against the County of Contra Costa ) LE 8 ?989 orBATCHELOR D OF SUPERVISORS District) . ACC. De ut Fill in name ) The undersigned claimant hereby makes claim ainst 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) ----_%�14 ----- Jam!/CL -d-6-9------------------------------------- 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur. (Give full details; use extra paper if required) iiti. h_ -------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Cly �� �„4�� ��s�r�,, ;G ,�� ��� ,�,�,✓�� ��� �(���_ (over) 5. What are the names of county or district officers, servants or employees c,ausIng 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. -- -led,n�(L/cz------------------------ ----------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or•damage.) ---- --- s7% 2 � -------------------------------- ----------- ----- 8. Names and addresses of witnesses, doctors and hospitals. ---------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910'.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: ` (At.torriey) '" , or by some person on his behalf." Name and Address of-:Attorney C aimant's Signature «(D-7 ��P,��� 100/ (Addres .Telephone No. Telephone No. * V * * � �€ * * N O T I C E Section- 72 of the Penal Code provides: "Every person who, with intent to defraud, presents ,for allowance or for payment to any-state board or officer, or to any county,.'-cityy'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. COBEL GLASS, INC. G.J Wj 5_� FCLJ 9 q-7,5 25 2 ?`�.. Independently Owned & Operated 1-800-2-4-COBEL Servicing the ENTIRE Bay Area AUTO PLATE HOME RICHMOND OAKLAND HAYWARD / 1711 BARRETT AVE, 400 FRANKLIN ST, MOBILE SERVICE 232-1337 834-7841 276-3244 DUBLIN/ SAN LEANDRO CONCORD SAN RAMON 1982 REPUBLIC AVE.1080c DETROIT AVE. MOBILE SERVICE 3557-0747 827-3900 MOBILE SERVICE 837-2002 DAN'S CONTRA COSTA GLASS F- -MAIN OFFICE- ANTIOCH LAFAYETTE CONCORD 1013 WEST 10TH STREET (415)256-6446 1140 ERICKSON ROAD ANTIOCH, CA 94509 CONCORD, CA 94520 (415) 754-0799 (415) 827-4173 NAME INSURANCE AGENT PHONE DATE ADDRESS F.O.B. COD ❑ INVOICE SOMM CHARGE ❑ CITY CUSTOMER ORDER NO. POLICY NO. YEAR&AAAKE TY E&MODEL SERIAL NO. SPEEDOMETER NO, LICENCE N0. FURNISH $ FU ISH L BOR DATE PROMISED TIME A.M. AUTHORIZED BY INSTALL ❑ ONLY E] ONLY P.M. QTY°` ' PART OR"SIZE'NO,. DESCRIPTION L`ABOR.. C h3 °I' W 8�� 4ei AS. e+ ac'y' C o r►�- DELI'; TO: TOT_AC O PARTS;, JOB NAME ❑ WILL CALL ❑ DELIVERY TOTAL, . O� LABOR" ADDRESS HOME PHONE TAX CITY WORK PHONE °SUB. ,,TOTAL, Guaranty against water leaks for the life of the car (except for rust or prior damage to glass area). Dan's Contra Costa Glass is not respon- DEDUCT sible for any damage to vehicle resulting from any water leak before or after glass work has been completed. This includes carpets, dash area, seats, etc. TOTAL a S SIGNATURE: 4 1 4' �a d O O co v : tea �� h CLAIM IQ 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 10, 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: $250,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: McCLAIN, Lawrence Alan County Counsel ATTORNEY: Roosevelt O'Neal SEP $ 1989 Date received ADDRESS: 1419 McAllister Avenue BY DELIVERY TO CLERK ONi<e �r;���j89 Sacramento, CA 95822 BY MAIL POSTMARKED: September 6, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 8, 1989 gaIL BAATTCHELOR, Clerk ut II. FROM: County Counsel TO: Clerk of the Board of Supery sors ( ) This claim complies substantially with Sections 910 and 910.2. �V ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / �I 1 19 BY: ( c Deputy County Counsel —T III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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 o.f the Board's Order entered in its minutes for this date. Dated:Q IU � , _PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 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 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Roo elt O'Neal 1419 Mc ister Ave. Sacramento, 95822 Re: Claim of LAWRENCE ALAN MCCLAIN Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: x 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 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. 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 County Co 1 CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. H 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S . Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: �� _ \3�\��� , at Martinez, California. cc: Clerk of the Board of Supervisors (o - ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 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, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved forstamp LAWRENCE ALAN McCLAIN ) ECE V Against the County of Contra Costa ) s (° 7 1989 or ) PHIL BATCHELOR 'CLERK BOARD OF SUPERVISORS CONTRA COS C De ut District) B •. Fill in name: ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250,000.00 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) May 19, 1989, at 1 :45 a.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Contra Costa County, Sheriff 's Detention Facility , Martinez, CA. ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached statement ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Use of unreasonable and excessive physical force by one or more custodial personnel . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Sgt. Larch; Sgt. Carey; Deputy T. Anderson; Deputy Yates; and Deputy Rosso. ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Broken bones in right arm and physical and .mental trauma. _ . ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) General and punitive damages ---------------------------------------6 Names and addresses of witnesses, doctors and hospitals. Highland General Hospital ; emergency medical staff on duty May 19, 1989. ------------------------------------------------------------------------------------- 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 j / ROOSEVELT O'NEALA0 L/ Attorney at Law Claimant's Signature 1419 McAllister Avenue Attorney for Claimant . Sacramento, CA 95822 - Address Telephone No. (916) 978-7548 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. f Attachment Item #3 County claim Lawrence Alan McClain On May 19, 1989, I was in custody at the Sheriff's Detention Facility in Martinez, CA. At the time of this incident I was housed in Module Q. At approximately 1 :45 a.m. , May 19, 1989 , Deputy Anderson accused me of being disruptive and stated that he was going to ,move me to D Module and to get my bedding and things together. Deputy Anderson and I were walking towards D Module when I asked him why I was being moved since I had not done anything to .justify being moved. At that point I just dropped my stuff and stood there looking at him waiting for an answer. Next thing I knew, Deputy Anderson had grabbed me and placed me in some sort of hold and started pushing me around. During this time, another deputy came running in and grabbed my right arm while Deputy Anderson still had me in the hold. The other deputy twisted and jerked my right arm in such a violent manner that it caused my arm to make two or three very loud snaps. As a result, my arm was broken in two or three places. t.e.j ;✓ N O N � •r� 7 d] 5� 9�� Npr+ A � O O CII .1-4 tij H H w l!'1 N 4 1 1 ON 00 .� cr N 1 ato H o a` N to i� CLAIM I� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Agia,inst the County, or District governed by) BOARD ACTION the Board of.Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 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: $375.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VARNI, Lori Lynn ATTORNEY: Date received ADDRESS: 351 Quincy Street #28 BY DELIVERY TO CLERK ON September 6, 1989 Stockton, CA 95207 BY MAIL POSTMARKED: September 5, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 8 1989 BHHIL BATCHELOR, Clerk DATED: eputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `) II ��� BY: I Deputy County Counsel I TU - III. FROM: Clerk of the Board TO: County Counsel (1) Coun Ad inistrator (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:= 1989 _PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:—OCT 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, 19870 :.must,,b.e 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 oratorpersonal property-'or -growing crops and which accrue' on or after January l; � .. 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. 1f 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 redfole�r *s ' -ri�ig stamp Lof► LkAnn Vrif n SEP 1989 Against the County of Contra Costa ) or j PHIL BATCHcLO Cly RK BOARD OF SUPERVISOES COIF 1ACO. District) e;• .. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �,-J�- OC) and in support of this claim represents as follows: ---------------------------7-7------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) h_ _______________________________.._________ 2. Where did the damage or injury occur? (Include city and county)00*6 ocs (j W00fq Sfisx.K�A_ks�_r��r�l}�c,�nf'=�c�._tl� 3. How did the damage or injury occur? (Give full details; use extra paper 1f N(n-'d required)Vie, . LO% road eons-tru ciwn go'ln on and +hefe- uxs loose, gavel- The cars o i n i n the o os1 ct i (echo on threw rei vel cid i �p up 5 hit m c 96, � 4. What particular act or -omission on the`part of county or district officers, servants or employees caused the injury or damage? Alk road ccaztfuch0n. . (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.. . (ooL held WQS -UCCKed, ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) T'WC eSi)MC( b Cobel GkasS , InC S29y.tPq ----------- ------------------=---------- --------- 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 NIYk ; 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) ddress Telephone No. Telephone No. U'ZOM UD 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 tosany 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 thecounty 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. I ® cobel glass inc/ 4 WHEN PAYING BY CHECK,PLEASE INCLUDE THIS INVOICE N0. REMIT (415) 834'7841 INVOICE NUMBER P.O. BOX 657 OT-3-143OAKLAND, CALIFORNIA 94604 ##### QUOTE ##### FEDERAL TAX NO. LORI VARNI LORI VARNI ## CASH SALE ## L CASH CHARGE CREDIT WHSLE RETAIL WPU DEL INSTIL MOBILE M T W TH F S AM PM TIME j X X X DATE ACCOUNT NUMBER P.O:/POLICY NUMBER CLAIM NUMBER SALESMAN WORK ORDER PHONE NUMBER j 08-23-89 0 01 3-143 DATE OF LOSS TYPE OF DAMAGE CAUSE AUTHOR'1ZED'BY DEDUCTIBLE AGENT YEAR MAKE [ MODEL BODY STYLE V.I.N. STOCK NO. LICENSE # INSTALLED BY I 84 1HONDA ICIVIC CRX 12D COUPE CUSTOMER' S RHONE 1. ) 2. ) QTY. PART NO. DESCRIPTION CTL LIST PRICE TOTAL 1 F475 T W/S (WINDSHIELD) U 364. 55 218. 73 218. 73 1 LABOR 50. 00 50. 00 1 KIT 9. 95 9. 95 I i t I t 1 SPECIAL INSTRUCTIONS SUB TOTAL 278. 68 LOCATIONS: CONTRACTORS LICENSE NO.374136 SALES TAX 16. 01 ❑ 400 FRANKLIN STREET,OAKLAND,CA 94607 0 (415)834-7841 ❑ 1992 REPUBLIC AVE., SAN LEANDRQ CA 94577 0.(415)357-0747 ❑ 1090C DETROIT AVE., CONCORD, CA 94520 0(415)827-3900 RECD BY TOTAL 294. 69 I 1711 BARRETT AVE., RICHMOND,CA 94806 0 (415)232-1337 "Under the Mechanics Lien Law(California Code of Civil Procedure,Section 1181 et seq.)any contractor,subcontractor,laborer,supplier or other person Who helps to improve'your ut is not paid for his work or supplies has a right to enforce a claim against your property.This meehs that after a court hearing,your property could be sold by a court officer Rage 1 s of the sale used to satisfy the indebtedness.This can happen even if you have paid your own contractor In full,if the subcontractor,laborer or supplier remains unpaid." OF CREDIT:TERMS—A FINANCE CHARGE IS COMPUTED ON A PERIODIC RATE OF 1%%PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%ON BALANCE NOT PAID WITHIN 30 DAYS All accounts,industrial,corporate,and private are Included. r Y K ;::i a' t r rn :r a s t i a;.. tf ? , t � t i 1 t o i 6 ri ( �. . V. f to r # , t. . t�,i i; �.�< t t j t i f ,.. i t fit - a PR� O �' O 8' A LC D N T R A C T _ t-j" t 1'` v f . t a r t -a r t 1 h t . �.'}.� ' i t� its ! �qr �� �s • .. t� .t r} ��., NOon , I Gfass® 11 �, SINCE 1419 q lA 1%,y it A ,{"3" ¢.� t} 5 i hS` �W�� pY r r !t i 1 i ' i �. '`r t } 'c+ s i � .�, Corlrlw. aHtallo 9.S'2V ¢�fw i t -,i u io. nt f x• — 'r� .S +F a ,,: .�... ��• Y Y • < ` TSt.�7t2�..67' ,i #-,, kt.�,.,lt - f.?i i',t ��ir�tz ki i i `tsrir-t q '1 a"g t x ,!I,�# .5 Ucem#074336 j: , A , N { '`'t(a a ..t o- « f #a r-�^tt l 1. t. t t—i -ty h� "_ 5 * �`' a r - r 1 .v c a t h y .:�W 4i -4, cr�tt r.1. "1� w r c ��4-:?,wy. +•t j �, pit 5- k i C s 't t s •'t i... R7,,t t 3 'Zt v 1�111c_ .C, ` C�11, cj1 4 `JOB. ,NAME . ADUkESS . . CITY MATE itt a . ZP {� t� i e -� j . � I I I � D T1. � . ,. z 11 , THAll�NK .YQU. FOk THE DPPI7RTUN I TV: .DF @ ItDD NB THE ABQVE. AND. HAVE PLEASURE IN SUBMITTING OUR PRDFOSAL; AS FOLLQWS. r.: �. r r t u 1. a - r 1. I . . AL. � 4 t -11 i 5 4 i. . [,' x �i y j F ' d t ° , g 4 r'a r i �x ; - :L� 'M, t t s; Y t i I i y G",��Z SVt./;�r/V�� t*�� +. ' s s t�� * i }� �'i i r,! St $ 3tr $,t, t 5 L +t a tv.„ , . ar k. Ott f a tr e . 71 { z t .7 E - . . 7 ,A P a t t I ��C�..47 c+_ .0' 7. st r� t,, - 1. t. . 'lk n �,... T 'll 4 t S ``� ( , a ,� ,4 t�,t.,s.,.at = s t to � it tb , i �t-r'-. 3t� 11 � +'J �t/�-yvc•• � :`•!.t��� � ci'F+�£t•£{j', �fh 1 3 ,S�1 1t filt- t+ {� r ^q.;� rt f I11", IF i t t r.'S,'.r a ,A:.. j? tt ��;�yJ:,,yS t ny,S ,i i t t } �,,� Y, � 6t%�i��F ',fix §{ ,"r'� y� i, °mL"t *' ib r rt 4 ',- a' kr a ut Rit" r.✓t t !e 4 d tt '...Y {y tx,,er`t t g ..j y i �1 aJ�!n,�.r,+ .ti✓f T".A n c Sa' 3 syr �r`rRtS tit as i i is„ i s a t'^" i-y .,r { :7 A-Lq e i S d r 'E G t 4 t j i ( '� s iij , t ' i ,:," M r r 'i S ��}s-'(t yy' � , s ,- tr - jti„ r r i t { r r g o t t I . i t p + '"',ll. r't + s t . A; i��� y} i�t£t9 3,j,' 4,•A t q,-"f i—$ + t! yt {;_ 1. # r p ct ��® 5 7F F �,3A - ld d t 4 1N'{ tx. t t k t i. - r 4 'g 9 ' rt � ! X srtut a 7 t i 'µt.4. {q t f*yfi{ i< +*n ��a j . t� �- t - +' .: - .. �VaIu 9 I t .- (`f ft {11 t 37 Tai * ! ( 7r, C �:.1 i t i 2 t t * Y t - 4 S 3 ii s } 'i I,,J� # 'sort t t p i t"4i ! - - r A "�' t. ¢ft'r:.g *u-",,i Yet"'r St ��j''"�'r�a k Y 'x tit'. a °3 Z \/"` - - - a * - ! ...�Iis„ C,.,'tryt N4 "' rE,A,,!s st'f,� t ?ai 1.� i i r a?IAVI,t, •-t tT' �r+err r v � 'r'dd` : 'i �i " $ t t i €c i n, t .�«,x , "' , X� 77 LSV. I � qC s..y e + t ii i {... 'i., i z f i 1 t dt . F t, 4 i .. - i °, ,_` �'' , CORDIAL BM�TTED. F SERG I . . CONTRACTORS LIC # 374336 i BUOT'EU PRICE GDOD FOR `:�4: ' . . 1. PROPOSAL CONTRA T ACCEPTED. BY: __..----------------- ------- DATE:--- ----------------------------- . t . a < U� # C.3 g46 p On ao 4 Z? l Q CL �V 9 f o.u 4�• 2 F'i �' M j • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Pgainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10 , 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: '$305 . 00 Section 913 and 915.4. Please note al "War I County Counsel bl,o, Vi9g bounsel CLAIMANT: DAVIS, Brenda Sue 5EP 11,1989 -11 SEP 1 -1,19- 69 ATTORNEY: Martirl� L,1r e j 53 Martinez, CA 94553 ADDRESS: 3902 Euclid Avenue BY DELIVERY TO CLERK ON September 13, 1989 Martinez, CA 94553 BY MAIL POSTMARKED: No envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Se tember 14, 1989 PpHHIL gATCHELOR, Clerk DATED: P BY: Deputy MAI L 4nCeYv—elli II. FROM: County Counsel TO: Clerk of th�L'Board of Supervisors This claim complies substantially with Sections 910 and 910.2. (V ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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 Adm Nistrator (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 CI 1 0 Jg89 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 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Bren ue Davis 3902 Euc Ave. Martinez, C 4553 Re: Claim of BRENDA E DAVIS Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000.) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By:_ 1 Deputy Co seJL CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015.5; Evid. C. §§ 641 , 664) My business address is the County Counsel' s Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: Q �� \ \� , at Martinez, California. ���I, -\&� V\,&k cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8 ) �LAIMT :. BOARD OF SUPERVISORS OF CONTRA COTeur �I I tA �gUN'�� application to; Instructions to Claimant Clerk of the Board P.O.Box 911 A. Claims relating to causes of action for death or to nin ux rnl 94533 person or to personal property J y eo p p p y or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled -in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. .- E. ntity. "E. Fraud. See penalty for fraudulent claims, Penal Code-- S'ec. 72 at end of this form. RE: Cl by ) Reserved for !1_ _ r ' :_ ps • yE® • 190A !E ice.-I-A-- ) 1'�1TZ �"'� Against the COUNTY OF CONTRA COSTA) • S C P C 989 PHIL BATCHELOR or DISTRICT) AK BOAR OF SUPE SOBS CONT COSTA (Fill in name) ) a tPpuly . The undersigned claimant hereby makes claim against the County Oof Contra Costa or the above-named District in .the sum of $ o , and in support of this claim represents as follows : ------------------------------------------------------ ------------------ 1. When.:.d: ,d..an:e. ,damage or injury occur? (Give exact date and hour) 2.. Where .did the- damage or injury occur? (Include city and county) F yv Ir.. fgtV % - 3. How did the damae or injury occur? (Give full details , use extra sheets if required) g _G. ...__Q _ _ - rq�-c_�j 4 . What parlicular act or omission on the part of county Cr istri�H officers , servants or employees caused the injury or damage? ver) : ;5_.:,:•, zat; ar.e.:the.:names of county or district officers, servants or `' ' ► - j employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ----C -rte - - - k_ �'�_t -- 7. How was the amount c imedbove coillpu ed? (include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8 . Names and addresses of witnesses , doctors and hospitals . 9: List the' expenditures you made on-account of this accident or injury: DPTE > T .16% + AMOUNT e 06"s S � `�*7SC'�,iiC'A'r***f'�f*r'k)�**�**'k 7f+YF�****�*'IC** *** 7Y * •IC* **�C iC*� ��'**�**F****' �Qy Govt. Code Sec. 910 . 2 M 4 #ies :dAi"claim signed by the� dclaiman SEND NOTICES TO: (Attorney) or by some person on his behalf. ' Name and Address of Attorne Cla •ma �gnatu_ Address Telephone No. Telephone No. Mew NOTICE Section 72 of the Penal Code provides: "Every person rho, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a 'felony. " � 0 f 0 7 =» e . ° 0 t 00" . « Sit k \ . & $ ® 7 7 / � * �\ moo \ r 9 » fes / a � .0 0 G\( Ul � \ ; x �� f CLAIM �- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 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: $150.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VAN HOOK, Jacqueline ATTORNEY: ,�qsp Date received ADDRESS: 2 ullens Drive BY DELIVERY TO CLERK ON September 6, 1989 Richmond, CA 94806 (via transmittal - BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH DATED. September 8, 1989 BYIL BATCHELOR, Clereputyk 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: T �� 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 ®RDE 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: Q[1r n qp Q PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 16 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 �/�3� � ' BOAROF SUPERVISORS OF CONTRA C D EI OR„�Q9941appliCation to: Instructions to Claimant0erk of the Board Martinez,California 94553 A. Claims relating to causes 'of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distract%should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim y )Reserved for Clerk's filing stamps ) E . IVED Against the COUNTY OF CONTRA COSTA) SA=P 198 or DISTRICT) V,ATCMt,.OR (Fillin name CONTRA OS STA CO�.soRs B ............. .. .. ..... Degut The undersigned claimant hereby makes claim against thevCounty of Contra Costa or the above-named District in the sum of $ / �j(� A 6 and in support of this claim represents as follows: � i -------------- -------s- ---------------ve-------=exact---date------ andh--our-- --- . When did the damage or in3ury occur? (G Cyati C' s�� 6y-mi �r�// _�X cam► ,a. _ �C%�/ _�. 29 --- T - ---- ------T-z------- ----- ----- -:--__-------W�iere �i� tie damage or inj1ary occur? (Include city and county) 3. How did the damage or in3ury occur? (Giese #u� a..a��b, use extra jJ%heets if required) 7/� Aci N-A- 610�&/J// �kjo Aln 4. What particular act or omission on the part o county or district - officers, servants or employees caused the injury or damage? 6 / V. (over) G Lm �6cc �. S. What are the names of county or district officers, servantK. ' " employees causing the da76:' 1 r injury? 04MVIN (,Z,�OVA S. What .�ama a ora uries do ou claim resulted? Give dull extent of injuries of dama es claimed. - Attach two estimates for auto damage) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Z�? D_az _ 8. Na sand addresses of witnesses, doctors and hospitals. r �.��List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT c f MIVI / Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) oXby some personon his b half. " Name and Address of Attorney Claimant's Signature dress Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent .to defraud, presents for allowance or for payment to any state board or officer, * or to any county, 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. W PROPERTY/CLOTHING RECEIPT CONTRA COSTA.000NTY REC. No. 22527 DATE: — �_ RACK# MDF TIME: CLHBOX MCDF PROP.BOX WFC NAME.: V� �,. � �t ue�� ; WC JC BOOKING NBR: ��' \C OTHER CASH: $ ❑ SHIRT/BLOUSE ❑ DRESS COAT/JACKET ❑ TIE/SCARF SHORTS/PANTIES ❑ JEWELRY �Q SOCKS/IIhYL`ONS ❑ SWEATER/SWT,. SHLRT_ ❑ WATCH . ' ❑ BELT �I 'PANTS/SKIRT ` -SHOE.S/.BOOTS -�TSHJR BR ❑ WALLET [] HAT/PURSE ❑ KEYS* ' ❑ KNIFE ❑GLASSES �n--OTHER r --- -��'1 L ;s V .� X - INMATE�SIGNATURE Y `I have received all of my per a DATE: sonal property and clothing. REL OFC: X' INMATE SIGNATURE 1 �1 gar r p I a x w Ui5 L&J ED YU . Ln N � p � N C� 2V C vv O co 00 Q N @ LOCL r N_ N a � 0 0 n `� CLAIM /• /Ll BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA a Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10 , 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: $220.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: REITZ, Orville ATTORNEY: Date received ADDRESS: 3915 Pridmore Court BY DELIVERY TO CLERK ON September 11, 1989 Concord, CA 94521 BY MAIL POSTMARKED: September 8, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg COQ U11s el DATED September 13, 1989 BYIL DeputyLOR, Clerk Ann Cervek. -,i _ ?I. FROM: County Counsel TO: Clerk of the Board of Supervisors ' -,A 9 74 55 3 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: 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 OR 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. O Dated-OCT 10 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Orville Re- 3915 e3915 Pridmore ourt Concord, CA 945 Re: Claim of ORVILLE REITZ Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By; f Deputy County COIIRs CERTIFICATE OF SERVICE BY MAIL C.C.P. S§ 1012, 1013a, 2015 .5; Evid. C. §9 641, 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, And I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s ) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: \�, ,\� � , at Martinez, California. cc:. Clerk of the Board of Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 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, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp n ) l�r v i. LIRECEIVED Against the County of Contra Costa ) SEP 1 1 .1989 or. ) PN:L DATC4ELOR District) CLERK BOARD OF SUPERV:S�Tl o COSTA Fill in name ) Ado", De The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ a-2 /), 1j�y and in support of this claim represents as follows Chi ------------------------------- --lit_ .? .�� �� 1�------------------------ 1. When did the damage or injury occur? (Give exact date and hour) Altg List, r•Ast --Levo l.Je,1J_3. Some. �,zppentece R(36,ct 5.' 1.5 H,p'i ANO A[-�ou— - c .----------------------------------------------------------------------------------�_ 2. //Wnnhere did the /d/amage or injury occur? (Include city and county) ------- —_ -- ---------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) CAuse�e gY -�lYi,�� r� � 7 e2ue oo-c2.. � ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) T I rs 5. What are the names of county or district officers, servants or employees causing the damage or injury? p lS2QGQ r"tcc�/V --..---------------------------.------------------------------------------------------ 5. What damage or injuries do you claim, resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. g Chj(�s ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -------------------------- ------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. -------------------------------------------------------------------------------------- 9. . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: ;,(Attorney) or by some person on his behalf." Name and Address .'of.Attorney; Claimant's gnature Address Telephone No. Telephone No. # # # # # # V V 9 # # # # # # # # W V V # # # N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period ,of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. "o %0:'b CK) I r 1 c r i z, P, R0P05AL CONTRACT .. fr �ri National Grass® r i } ` *"g1919 2610 mmumery Gale#D ' '�t �`� concord.cotiWoo 94M j (413)6851260, , eeH 7 oes Werw%37,j4336 i +� i r "'Sj+"P°ih4i1 Y +'d'1 Lt'}�. iKF'3•+Yi�b it Y,{.y{,Ir M1'yA l4V( +t t !f "'r `s rtl�s't�t tiJ'1 iM i4t S Orvaltaelt2 11r TI" 4lura r i o i s I+�AME s{� JOB. , LI�Replaceinent :of windshield .j �r• r , a� 3 .: P'IQNE;tt '' , i.t��4i DATE: t`°Septesber 7;1.989 "A���)) >h7+� ��i."�'1+1 t,�r ri � .r}. i� u� ,� 3 W :.ref,•,,, .-e� l � _ � r t ._ — — •�—�------- � -- F.,. �< wt TFNK' YOU' F�R' THE�, Pl?QRTUNITYOF BI+DDRB TtE ABQVE:.��AND. HAVE PLEASURE P !ter,t G al F J v INISUDMITTtNGrOUR PROPOSAL AS FOLLOWS. ' F 1 k 1989' Ford Pick¢,Up Shaded;tli.ndshield ��W1003 i Material'. . . . . . `� • . . . . . . 10 46 Lal 6r 2.20 may p A V 1' r, • t F TOTAL` Price. L .$ '2 a 1 i CORDIALLY:.SUBMITTED. FRANK SERGI CONTRACTORS LIC # 374336 ------------- QUOTED PRICE GOOD FOR :: ''30 'DAYS PROPOSAL CONTRACT ACCEPTED BY: DATE:---- ------ -- ------------------ • - F CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA / / Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. . Please note all "Warnings". CLAIMANT: TOPPING, Modena ATTORNEY: Date received ADDRESS: 81 Loftus Road BY DELIVERY TO CLERK ON September 8, 1989 (via Risk Pittsburg, CA 94565 Mgmt.) BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 8, 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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. BOA�This By unanimous vote of the Supervisors present ( laim 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 C T 1 Q 1989 PHIL BATCHELOR, Clerk, By 00- Deputy Clerk WARNING (Gov. code sec ion 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: ®C T 1 1989 BY: PHIL BATCHELOR by / Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: a Topping 81 Lo oad Pittsburg, 4565 Re: Claim of MODENA TOPPING Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 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 County Cou el CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. §§ 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: \� .\��� at Martinez, California. cc: Clerk of the Board of Supervisors (o ' ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 .2, 920 .4, 910 .8) .. Claif& to: BOARD OF SUPERVISORS OF CONTRA COSTA-COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property..or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause. of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather. than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Mo-otNlv;q 70ew, rv6 ; RECEI S /Ox VIL V,5L Against tl*(/COunt of Contra Costa or ) PHIL BATCHELOR District) CLEAK BOARD OF SUPERVfBCRS NTRA C 5TA CO. Fill in name ) BY e. .. Beauty 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) ` do ------C----�`- ------- ----------------------------- ----------------------------- 2. Where did the damage or injury occur? (Include city and county) --------�-�- -= ---------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) -- -- - - -��-Jit-«J-----------------���-�-� ---- - - 4. What particular act or omission on the part of county or district off1 yrs, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing ` the damage or injury? ` --------- -- - '- ---------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. , v 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) --------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney), . or by some person on his behalf." Name and Address-of Attorney Q g Claimant's Signature i /(Address) Telephone No. Telephone No. N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. PLEA XES NEXT TO SELECTED FEES. 393 _ �:1�iCENSE� UM6"�i "'. FEE SCHEDULE MAKESCHECKSK PAYABLE To COUNTY TREASURER s< ? +� T ' a SEE INSTRUCTIONS pN REVERSE SIDE: w �F'V"' and rabies €:s -d white and pink aA "fS8DFSSEE BACK PAGE "�r Please'eign this �� x L ,�� 8 hell the WHITE�� t � z Ta #� 1 YR 2 YR' 3 VR` r w the address (feted x �.fREGULAR I1 y� L } 14.00_ l$28.00 $38.00 catlonr,(pink copy) di �` `� DO LICENSECI CD L ED ' 0 y0 n:approxi 1('p-1`'a r«I S' a.'mom 4 ENTER SPECIAL "'"� s SPAYED OR A. LICENSE CODE slid please Cell t�,"t1' I$SILIE 8 d1 y.� NEUTERED � ry + L �$].00 n$13.00 x$19.00 FEE 0'( '1 ,>W }'- - l DOG LICENSE _.... (SEE BACK FADE) $10.00 E FOLLOWING STATEMENTS ARE TRUE AND THAT I HAVE . F I Y ORDINANCE CODE ARTICLE i F 1 - ` I 41".4(RESTRAIN, TINCLUD- 41 r NTiIP -4.404(ABANDONMENT)AND 4 O - ��OPTIONAL $14.00 `ky-TRANSFER FEE�$Z.00'CAT ' � 'EE a (•SI( j DATE: S: SPAYED OR SUBTRACT. _ NEUTERED $]OO-' CREDIT CAT LICENSE BALANCE$ L� iT LEC //.� I TOTAL FEES OWED 91, 21` ,OW '•2 OR 3 YEAR LICENSES NOT MIDDLE ;AVAILABLE FOR DOGS UNDER {PLE i t -- f/, (MIDDLE) AGE OF 1 NEAR.. - PLEASE ENTER TOTAL FEES PAID:S „�„"" PRm OG P NFOR ATION - (STREET) (SUFFIX) (APT.) - CAT PET rY'F' NAMEy I �j PLEASE SELECT DOMINANT BREED CODE AND DESCRIPTION FROM CHART ON REVERSE SIDE OF THIS APPLICATION FORM,AND ENTER IN SPACES BELOW. r �fM.. (STATE) (ZIP) MIXED "� - - _,�, _ � 'BREED PHONE 'y ( PHONE ATE t, (CODE) (DOMINANT BREED DESCRIPTION) _ �� ( CHECK BOX IF i IF PET RESIDES AT AN ADDRESS DIFFERENT FROM ADDRESS PRINTED ABOVE,OR MAILING ADDRESS ISA / V`",Iti /" Q T,.�NEUTER D` RURAL-ROUTE 08 A POST.OFFICE BOX,ENTER REWE-RCE"ASDRESS BELOW.-FOR CHANGE OF ADDRESS /N P '� -- '` r- NEUTERED', 'ONLY,SEE BOTTOM LEFT SECTION OF THIS FORM. - c v,'(COLOR) t;AGE(VR-MO) '(SEX)' (VERIFICATION REOUIRED) DATE'�SPAYEDINEUTERED BV DVM III ANIMAL - (NUMBER) (STREET) - i` (APT.) SPECIAL ' ' RESIDENCE - IDENTIFICATION ADDRESS OR MEDICAL (OPTIONAL) (CITY) _ (STATE) (ZIP) DATE PET ACQUIRED DATE PET ENTERED COUNTY. i CO-OWNER '- - IF WITHIN 30 DAYS IF WITHIN 30 DAYS RABIES' CERTIFICATE. ANIM(A)L WITH:THE SIGN(E)D VETERINARIAN,HAVE VACCINATEDTHIS CHECK THIS BOX IF YOUR PET C NOT NEW' ILJI u !I_Jf ILJ1 L_v.�" u LICENSE� .BEEN LICENSED IN CONTRA COSTA COUNTY WITHIN THE PAST 24 MONTHS. ?'-NT CEO LEP HKTC LEP PKTC ERA CKTC HEP CCL HEP - SMB OTHER VACCINE PRODUCT AND LOT NUMBER USED: a'RENEWAL i -* BIO RAB 3 TRIMUNE TRI RA _ TYPE PREVIOUS LICENSE PREVIOUS LICENSE YEAR/NUMBER -, . - L - - -' ' EXPIRATION DATE ' B' LOT#•., LOT# r _ s. , .:° - RAS-VAC3 ENDURALL R IMRAB _ -:LOT# LOT#' LOT# t- RABMUNE 3 DURA RAB 3 OTHER ! OWNER ER., 8.• DATE LOT# ,ny. DATE LOT#... NAME LOT#- SHIP -;NAME ,Y FIRST _ MIDDLE : _ LAST .1, I GIVEN Z ~�/ EXPIRES `VETERINARY Delta Animal Cynic, ' ..NEW - - HOSPITAL. OWNERS ADDRESS NUMBER - STREET SUFFIX APT. NAME, _ - NAME-''. STREET 'Pittsburg,CA . r _OR ADDRESS qq_ t 'OWNER .. �. CHANGE OF - .•CITY:l; STATE - I' - ZIP. CITY,STATE ZIP { ADDRESS 'S VETERINARIAN ,,A/Jf�,.,{,�7 (�••j ' SIGNATURE .a ` PHONE NUMBER ALTERNATE PHONE NUMBER - - - - ' PHONE .. , I OWNER COPY-SUBMIT TO ANIMAL SERVICiS'FOR SET LICENSE' a / RECEIPT � �* -� �g- J_ 8251 Received 'f 1 ACCOUNT ACCCUI•:T i $ALANC t t O Y E I P 'S•3� _ _ __ �i �I 42391 — 3n �. .� �. .... . .r .... . .... ... .,. `. � �D '" D M O oo n C _ � m m ' O O D V m (� p m m m m 12 m T a m a a m -• v z r r n < D m m -Di D H Z m 0 M m w 3 m o '^ m 0) N ° m O F _ 2 < < S• H z c o _ 3! m w m v = m o m D D o � y m < m n m m O s — — — yy V y — — — y p O T R� m D d o y r d c C o m o W m x 2 .. m N N m m y w O .fl a 7 — 7 o N o .« N y O ?; 3 < -1 c c o O ° a o c d a ", a O d D o ID r- <� » O O O n' 37 Z mD 31 c { O c -V C m 's � Z < m m 3 m A 0 m Z t, m n D X � to nD `J \ m r m 2. _ D p O D MZ v gmo cyi D m :01, c 1pj m mA v m C� o 03 A ° � � �„r't� � r< zo o O v D o oD 3 , .2 , CC) 'av-aimZfir' 1 z Ln LO army O jDz Lt. y > O'r W falp ul C1 Z m m m A temperature CO—M , `^ � '�� °/N urea Na &"MW v.�® �- ena® � reSpitatOry o ►^ d— — — — ` l.�' — ` — character P-,elr t W resviratory rate heart a rate m ®s t �e; r s � C x V bo > N ® w — cs� ®� - � � � sr _ 4 30—0 Xv xv CD aS grim - 20 ® tet —o r CIA ooA — v, — o� l— e, — ,,, f _ o yr _ Patient's ® V condition Patient's n, ����Op 4/��sWN�►6R+W1Vr.+ i/�•1®WlVertd� WNr V� N�•• V7Ai��1�i�•+ 4 taVd'yV V�6iWN►� attltode O H Cp < +•/ `+f � Y ` 1 v C N N Cr n {, y N E (4115)798.2900 EMER. FEE - k 4 LAST NAME FIRST NAME MIDDLE NAME 1 ffff _ EXAMINATION/ r ✓" !i) r 1 l i �*�` CONSULTATION `. STREET ADDRESS' 47 . / ! MEDICATION Ir CITY STATE ZIP 4 ADMISSION DATE 8 TIMEiM. HOME PHONE, , OTHER PHONEY l VAC (NATIONS U A y INJECTIONS - .. f ' ? L.M. 145 - 41 PATIENT NAME SPECIES BREED SEX AGE- COLOR CI Aw 3 REFERRING OR FAMILY VETERINARIAN I' CASH /CHECK VISA MI/C,, ;- PAYMENT SEDATION/ REFERENCE O O O O ' ANESTHESIA Cl, AUTHORIZATION fOR MEDICAL AND/OR SURGICAL TREATMENT _ `.' .` ... ,. _ `�• 'I HEREBY AUTHORIZE THE DOCTOR ON DUTY(AND ASSISTANTS THE DOCTOR MAY DESIGNATE)TO ADMINISTER TREATMENT AS IS CONSIDERED THE X-RAY \ 5 AND/OR DIAGNOSTICALLY NECESSARY ON THE BASIS OF FINDINGS DURING THE COURSE OF SAID EVALUATION.I ALSO CONSENT TO THE ADMINISTRATION OF ✓✓✓ SUCH ANESTHETICS AS ARE NECESSARY AND SURGICAL_PROCEDURES OF AN EMERGENCY NATURE. LABORATORY - 1 HEREBY CERTIFY Tt.L T I HAVE READ AND FULLY UNDERSTAND THE ABOVE AUTHORIZATION FOR MEDICAL AND/OR SURGICAL TREATMENT,THE REASONS TESTS WHY THE SURGERY S'CONSIDERED NECESSARY,ITS ADVANTAGES AND POSSIBLE COMPLICATIONS IF ANY,AS WELL AS POSSIBLE ALTERNATIVE MODES OF TREATMENT,WHICH ARE EXPLAINED TO ME BY THE DOCTOR.I ASSUME FINANCIAL RESPONSIBILITY FOR ALL CHARGES INCURRED TO PATIENT,CONSENT TO RELEASE OF MEDICAL INFORMATION,AND AUTHORIZE DIRECT PAYMENT TO THE ABOVE NAMED HOSPITAL OR C INtC. SURGERY I UNDERSTAND THAT EMERGENCY PATIENTS MUST BE REMOVED FROM THE CLINIC DAILY BY 7:30 A.M.THOSE RECEIVED ON SATURDAY AFTERNOON OR SUNDAY MAY,IF NECESSARY,BE HELD UNTIL MONDAY AT 7:30 A.M.IFI FAIL TO REMOVE SAID ANIMAL BY THAT TIME I WILL BE RESPONSIBLE FOR ADDITIONAL CCHHARGGES FPR TRANSPORTATION TO THE HUMANE SOCIETY OR S.P.C.A. TREATMENT_' a. �, r�XSICNATURE OF OWNER OR RESPONSIBLE AGENT v - - FLUID THERAPY. X , - .. WITNESS _ _ ALLERGIES AND/OR MEDICATIONS I' SPLINTS/ 1 ' ALL PRICES OF TAXABLE ITEMS INCLUDE REIMBURSEMENT FOR { SALES TAX COMPUTED TO THE NEAREST MILL: BANDAGES �' �'1 ' ENTERING COMPLAINT: .'1. HOSPITALIZATION ( INTENSIVE CARE/ /x ti t� OXYGEN THERAPY I RESP. :- TEMP. () l} M.M. .'l I L !t. HR. WT SPECIAL 0. -HISTORY O PHYSICAL FINDING ` O DIAGNOSIS O TREATMENT PROCEDURES r .. TOTAL: 2 � DEPOSI t r.1. { BALANCE DUE ? - TOTAL.. PAYMENT r --ay lat ad `--pa's-:ishan'dey' aheE3�=—r 2�9 �A-v�-��� FEES CHARGED BY THIS CLINIC DO NOT'INCLUDE'. FOLLOW-UP CARE OR SUTURE REMOVAL BY:YOUR_ :elated to sea ula ehest e1eeir but 9heet„- . REFERRING VETERINARIAN. et- ' awe or- nedirE3 fu€tetie 4 ,zaph&lie aetheter plaee Needs_.to 7•go to'rsg_vet` on mon,9- :. Irs drip- liters guar 2 hoiirs- fox surgical evaluation !. --�-�- - - 0A- ow-as po .. - .} Note on new films- fractured neck of scapula- difficult- to evaluate neuro-- apg�1ed}7sliiag CALL YOUR REGULAR VETERINARIAN TODAY-FOR AN APPOINTMENT ON: (Date) RELEASE TO: OWNER/AGENT Y !, I J A• VETERINARIAN DATE / t rI it TIME P.M. - TECHNICIAN AMENDED CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October. 10, 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: $10 , 000. 00 Section 913 and 915.4. Please ndQJiVjt, nings". CLAIMANT: SCHUBERT, Jane A. � OUnse, 1989 ATTORNEY: Clyde I. Butts a Marraccini & Butts Date received ' Cq 9455 ADDRESS: 1225 Alpine Road, Suite 204 BY DELIVERY TO CLERK ON September 21, 189 Walnut Creek, CA 94596 BY MAIL POSTMARKED: September 20 , 1989 Cert P 484 873 811 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Se tember 22, 1989 PpHHIL BATCHELOR, Clerk a DATED: P BY: Deputy Mn- Cervelli II\ FROM: County Counsel TO: Clerk of the Board of Supervisors �s ) 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: 'f��1 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. p Dated: OCT 10 1989 PHIL BATCHELOR, Clerk, By 9EDeputy Clerk WARNING (Gov. code sec n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 16 1989 BY: PHIL BATCHELOR by Deputy. Clerk loor CC: County Counsel County Administrator LAW OFFICES OF MARRACCINI & BUTTS RODNEY A.MARRACCINI 1225 ALPINE ROAD, SUITE 204 CLYDE 1.RUTrs WALNUT CREEK,CALIFORNIA 94596 JEAN M.CURTIS (415) 943-1850 WILLIAM S.KRONFNREIIC September 20, 1989 RETURN RECEIPT REQUESTED CERTIFIED MAIL Victor J. Westman, County Counsel E�E V E County Counsel ' s Office of Contra Costa County County Administrator P. 0. Box 69 Martinez, California 94553 PHIL BATCHELOR. Re: Claim of Jane A. Schubert LaLk2EM,�2T." CLERK BOARD OF SUPERVISORS Dear Mr. Westman: .Deputy This letter is to acknowledge receipt of "Notice of Insufficiency and/or Non-Acceptance of Claim" which was sent to us by one of your Deputy County Counsel. I would direct my letter to that person, however, that person' s signature is illegible. The rejection apparently is based upon the contention that, "the claim fails to state the name and post office address of the claimant" . Although our claim substantially complies with Government Code Section 910, I am nevertheless amending the claim to set forth the address of the claimant. See Cameron v. City of Gilroy ( 1951 ) 104 Ca1.App.2d 76; 230 P.2d 838. Unless I hear from you to the contrary, I will assume that our amended claim is satisfactory. Very truly yours, LAW OFFICES OF MARRACCINI & BUTTS C E I. BUTT CIB:dlh Enclosure qtr' Board of Supervisors CLYDE I. BUTTS 1 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 2 Walnut Creek, California 94596 v- E I V E D Telephone: (415) 943-1850 Attorneys for Claimant EE 4 JANE A. SCHUBERT 99 5 ISOR-o.Deputy 7 Claim of JANE A. SCHUBERT AMENDED CLAIM 8 Claimant, 9 VS. 10 COUNTY OF CONTRA COSTA 11 ' 12 TO: COUNTY OF CONTRA COSTA Board of Supervisors 13 651 Pine Street Martinez, CA 94553 14 15 Pursuant to California Government Code 5910, this claim 16 is presented to the County of Contra Costa as follows: 17 NAME AND ADDRESS OF CLAIMANT 18 Jane A. Schubert, 139 Midhill Road, Martinez, 19 California 94553. 20 NOTICES REGARDING CLAIM SHOULD BE SENT TO 21 Clyde I. Butts, Esq. of the Law Offices of Marraccini & 22 Butts, 1225 Alpine Road, Suite 204, Walnut Creek, California. 23 CIRCUMSTANCES GIVING RISE TO CLAIM 24 On April 10, 1989 at approximately 12:56 p.m. claimant 25 was travelling eastbound on Highway 4 west of Interstate 680 in 26 Contra Costa County. Due to roadway construction, traffic was 27 heavy and congested in the area near .the eastbound Highway 4/ 28 LAW OFFICES OF MARRACC-1N[A-BUTTS -1- 1225 ALPINE RD..STE.204 WALNUT CREEK,CA 94596 Pacheco Blvd. on ramp. The vehicle travelling in front of 1 claimant came to a stop because of traffic. Claimant was in the 2 process of slowing her vehicle when she was struck from behind by a vehicle owned by Contra Costa County and operated by a Contra -1 Costa County employee. 5 DESCRIPTION OF INJURY AND DAMAGE 0 Claimant sustained soft tissue injuries to her neck, 7 shoulders and back. As a result of her injuries, claimant was 8 unable to work in her usual occupation for approximately three 9 weeks. Claimant's vehicle sustained major damage to the rear---and 10 minor damage to the front. 11 PUBLIC EMPLOYEES INVOLVED 12 According to the California Highway Patrol report, the 13 Contra Costa County employee driving the vehicle was Ernest Lytle 14 Chapman. Michael Teicheira was a passenger in the County 15 vehicle. Claimant is unaware of the names of the public 16 employees who may have been involved in entrusting the vehicle to 17 Mr. Chapman Siad/or Mr. Teicheira. 18 AMOUNT CLAIMED 19 The amount claimed is in excess of $10,000.00. 20 -Jurisdiction over this claim would rest in the Contra Costa 21 County Superior Court. 22 Dated: September 19, 1989. LAW OFFICES OF MARRACCINI & BUTTS 23 24 y By 25 c,,-T_CLYD9 I. BUTTS Attorneys for Claimant 26 27 28 LAW OFFICES OF MAKKACCINI I(*BrTrs —2 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 • p x{t 3 d r 6 f. us v Its N M °vl v � N N O 5� i M0 �g c� cc, d CD LO � q i �d i x o V z W r CII'a 3i AMENDED 4 CLAIM �,/ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1. / Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October" 10, 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: $10, 000. 00+ Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCHUBERT, Jane A. ATTORNEY: Clyde I. Butts, Esq. Marracdi.ni & Butts Date received ADDRESS: 1225 Alpine Road, Suite 204 BY DELIVERY TO CLERK ON September 21, 1989 Walnut Creek, CA 94596 BY MAIL POSTMARKED: From County Counsel Cert P 484 873 812 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 22, 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy flAWv n Cervelli 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: 'i-�2 j / �q 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: elf I!o PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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 Y 6 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator VICTOR J. WESTMAN. CONTRA COSTA COUNTY COUNSEL TO P.O. BOX 69, CO. ADMIN. BLDG., MARTINEZ, CA 94559 DATE SUBJECT � v LAW OFFICES OF County ^ MARRACCINI & BUTTS SkP °unser RODNEY A.MARRACCINI 1225 ALPINE ROAD, SUITE 204 CLYDE L DE 1 .BUTTS TIS WALNUT CREEK,CALIFORNIA 94596 44a11jn�2 1989 M. (415) 943-1850 , C WILLIAM S.KRONENBERG 94553 September 20, 1989 RETURN RECEIPT REQUESTED CERTIFIED MAIL Victor J. Westman, County Counsel County Counsel ' s Office of Contra Costa County County Administrator P. 0. Box 69 Martinez, California 94553 Re: Claim of Jane A. Schubert Dear Mr. Westman: This letter is to acknowledge receipt of "Notice of Insufficiency and/or Non-Acceptance of Claim" which was sent to us by one of your Deputy County Counsel. I would direct my letter to that person, however, that person' s signature is illegible. The rejection apparently is based upon the contention that, "the claim fails to state the name and post office address of the claimant" . Although our claim substantially complies with Government Code Section 910, I am nevertheless amending the claim to set forth the address of the claimant. See Cameron v. City of Gilroy ( 1951 ) 104 Ca1 .App.2d 76; 230 P.2d 838. Unless I hear from you to the contrary, I will assume that our amended claim is satisfactory. Very truly yours, LAW OFFICES OF MARRACCINI & BUTTS 4 ftN�l Dili -d a, C DE I . BUTTS nclosh Eure RECEI D Enclos cc: Board of Supervisors SEP al 1989 PHK BATCHELOR. CL R!(go OF PERYlSORS oN A F ERV g Deputy CLYDE I. BUTTS 1 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 2 Walnut Creek, California 94596 Telephone: (415) 943-1850 3 Attorneys for Claimant 4 JANE A. SCHUBERT 5 6 7 Claim of JANE A. SCHUBERT AMENDED CLAIM 8 Claimant, 9 j�AMA VS.10 COUNTY OF CONTRA COSTA RECEI D 11 12 TO: COUNTY OF CONTRA COSTA SEP a(, 199 Board of Supervisors PHIL BATCHELOR 13 651 Pine Street CL � RD OF S PERVISORS CO RA �'CODs u Martinez, CA 94553 14 15 Pursuant to California Government Code §910, this claim 16 is presented to the County of Contra Costa as follows: 17 NAME AND ADDRESS OF CLAIMANT 18 Jane A. Schubert, 139 Midhill Road, Martinez, 19 California 94553. 20 NOTICES REGARDING CLAIM SHOULD BE SENT TO 21 Clyde I. Butts, Esq. of the Law Offices of Marraccini & 22 Butts, 1225 Alpine Road, Suite 204, Walnut Creek, California. 23 CIRCUMSTANCES GIVING RISE TO CLAIM 24 On April 10, 1989 at approximately 12: 56 p.m. claimant 25 was travelling eastbound on Highway 4 west of Interstate 680 in 26 Contra Costa County. Due to roadway construction, traffic was 27 heavy and congested in the area near .the eastbound Highway 4/ LAW OFFICES OF 28 MARRAC C.I NI&BUTTS -1- 1225 ALPINE RD.,STE.204 WALNUT CREFK,CA 94596 Pacheco Blvd. on ramp. The vehicle travelling in front of 1 claimant came to a stop because of traffic. Claimant was in the 2 process of slowing her vehicle when she was struck from behind by 3 a vehicle owned by Contra Costa County and operated by a Contra 4 Costa County employee. 5 DESCRIPTION OF INJURY AND DAMAGE 6 Claimant sustained soft tissue injuries to her neck, 7 shoulders and back. As a result of her injuries, claimant was 8 unable to work in her usual c-•cuvatic n for approximately three 9 weeks. Claimant' s vehicle sustained major damage to the rear and 10 minor damage to the front. 11 PUBLIC EMPLOYEES INVOLVED 12 According to the California Highway Patrol report, the 13 Contra Costa County employee driving the vehicle was Ernest Lytle 14 Chapman. Michael Teicheira was a passenger in the County 15 vehicle. Claimant is unaware of the names of the public 16 employees who may have , been involved in entrusting the vehicle to 17 Mr. Chapman and/or Mr. Teicheira. 18 AMOUNT CLAIMED 19 The amount claimed is in excess of $10,000.00. 20 Jurisdiction over this claim would rest in the Contra Costa 21 County Superior Court. 22 Dated: September 19, `1989. LAW OFFICES OF MARRACCINI & BUTTS 23 24 By 25 t"-3-CLYD2 I. BUTTS Attorneys for Claimant 26 27 LAW OFFICES OF 28 MARRACCINI&BUTTS -2- 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 r D r N Z N a -� D 0 r M Da m Z C7 x m n O n m .. T D Z n D Ocn � o MC ZM C{7 D m '1 � N CA D �o� N z � x P m m - --- - -- ---- - ND - P OO W QO w p p FJ F-I rpt o rt N. rt rt O n m td N O a0C-4 CL p � G rn r• - N. cD CO r. m N rt o4 m w Y l N. O F-h r w dJ m 0 9,9,v 4-- rt In O 14 VIA C� O O m o C q rt En m 't ncog CA p win 6S� ..._ N wpb?-1,a , rt Ail ; CLAIM �AQy BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claimnst the County, or District governed by) BOARD ACTION thE�,R•jard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 10 , 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Ca'i fornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $24 ,002, 817. 75 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PHILLIPS, Michael Robert, BLACK, C.J. aka Mrs. Phillips ATTORNEY: Date received ADDRESS: P.O. Box 606 BY DELIVERY TO CLERK ON September 13, 1989 Orinda, CA 94563 BY MAIL POSTMARKED: Hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 13' 1989 PPHHIL BATCHELOR, Cler DATED: eputyk _ Ann Cervelli FROM: County Counsel TO: Clerk of the Board of Supervisors Cp U nt \(� y COL1llSG) This claim complies substantially with Sections 910 and 910.2. pp t ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are �W otilf�i48 9 claimant. The Board cannot act for 15 days (Section 910.8). Ma rtin eZ (..A 94�J55 3 ( } 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: _q�� Jil 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 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: O C T 10 1909 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 aLtorney, 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 16 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator s ' 1 CLAIM OF MICHAEL ROBERT PHILLIPS, ) C.J. BLACK aka MRS. PHILLIPS ) 2 ) CLAIM FOR INJURIES 3 vs ) 4 NORMAN SPELLBERG, RICHARD K. RAINEY, )WARREN E. RUPF, GERALD T. MITOSINKA, ) RECIEVVED 5 PETER G. ROBERTSHAW, PATRICIA McALLISTER, ) THE OFFICE OF THE SHERIFF-CORONER OF ) Sc� 13, 1989 6 CONTRA COSTA COUNTY, CALIFORNIA ) Wo Ia rn THE COUNTY OF CONTRA COSTA, CALIFORNIA ) PHIL BATCHELO 7 CL" C BOA OF SUP' ISORS THE WORK FURLOUGH PROGRAM, CONTRA COSTA ) ^or�T: COSTA COUNTY, CALIFORNIA ) By . Deputy 8 ) - 9 TO THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, California, with 10 a mailing address of 651 Pine Street, Martinez, California 94553: 11 You are hereby notified that MICHAEL ROBERT PHILLIPS, C.J. BLACK 12 aka MRS. PHILLIPS, hereafter referred to as the Claimants, with a mailing 13 address of P.O. Box 606, Orinda, California 94563, claim damages from NORMAN 14 SPELLBERG, with a mailing address of 725 Court Street, Martinez, California 15 94553, claim damages from RICHARD K. RAINEY, WARREN E. RUPF, GERALD T. 16 MITOSINKA and THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 17 CALIFORNIA, with a mailing address of P.O. Box 391, Martinez, California 94553, 18 claim damages from PETER G. ROBERTSHAW, PATRICIA McALLISTER and THE WORK 19 FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA, with a mailing address 20 of 847 Brookside Drive, Richmond, California 94801 and claim damages from 21 THE COUNTY OF CONTRA COSTA, CALIFORNIA, with a mailing address of 651 Pine 22 Street, Martinez, California 94553, in the amount, computed as of the date 23 of this presentation of $24,002,817.75 24 This claim is based on the injuries as sustained by the Claimants 25 during the period of June 11, 1989 to the present, and are continuing, or 26 similar injuries are continuing, and occurred in and about the vicinity of 27 Contra Costa County, California and throughout the State of California, all 28 under the following circumstances: -1- 4 1 medical care, physical therapy and expenses (Note: The expenses to this date 2 of filing this Claim in which PHILLIPS must pay, or already has paid, amounts 3 to $2,871.75 - Judicial Notice is requested to Exhibit A herein attached). 4 That further SPELLBERG has been exposed, and charged, regarding 5 his overall bias and prejudice during the discharge of his duties as Judge 6 as he uses his position to systematically send Gentiles to the penal system 7 here in the State of California (Judicial Notice is requested to Exhibit B 8 entitled, "The Dishonorable Judge Stormin' Norman Spellberg" herein attached). 9 That incidental to the filing of this Claim that NORMAN SPELLBERG, 10 RICHARD K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW 11 and PARTICIA McALLISTER informed the claimants orally and partially in writing: 12 That full and complete medical treatment, attention and services would be 13 afford to PHILLIPS; that PHILLIPS would not be denied any requests for medical 14 treatment, attention or service; that the WORK FURLOUGH PROGRAM would provide 15 medical treatment, attention and, service to PHILLIPS; that PHILLIPS would 16 not be administered any drugs or chemicals without his knowledge or consent; 17 that neither SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW or McALLISTER 18 were prejudice against the Claimants; that upon MICHAEL ROBERT PHILLIPS therein 19 reporting to the County WORK FURLOUGH PROGRAM that this would be the final 20 and last time he would be incarcerated under the existing terms and conditions 21 for Case No. 31898; that orders and reports made regarding PHILLIPS would 22 be fair and accurate; that SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW 23 and McALLISTER had no special interest in the Claimants; that SPELLBERG, 24 RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER wanted to put behind them 25 Case No. 31898; that SPELLBERG and RAINEY were not out to "even the score" 26 based on the Claimants exposing D.A. Gary T. Yancey and the D.A. 's Office 27 in their scheme to victimize small businesses in Contra Costa County in 28 accordance with the pleadings as found in the Third Amended Cross-Complaint, -4- t 1 Case No. 275765; that said representations, and each of them, were false, 2 and that SPELLBERG, RAINEY, RUFF, MITOSINKA, ROBERTSHAW, McALLISTER, THE OFFICE 3 OF THE SHERIFF-CORONER, THE WORK FURLOUGH PROGRAM and THE COUNTY OF CONTRA 4 COSTA, CALIFORNIA, knew the representaitons to be false at the time each of 5 the representations were made; that said representations and/or actions were 6 made for the purpose of causing the Claimants to have hindered their personal 7 and business relationships, to have them suffer physical damages, and to have 8 them suffer both emotional and financial strains within their personal and 9 business activities. 10 That in reliance upon believing the truth of the statements of 11 SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER, and each of 12 their respective offices, including the COUNTY OF CONTRA COSTA, the Claimants 13 tried to expand both their personal life and business activities and looked 14 forward to a bright future with earned financial rewards. Further, each of 15 the Claimants made both financial and time business investments based on said 16 reliances. 17 That the Claimants are informed, and believe, and based thereon 18 allege that the statements and representations of NORMAN SPELLBERG, RICHARD 19 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and 20 PITRICIA McALLISTER as aforesaid were FALSE, and that in truth and fact are: 21 That PHILLIPS would not be afforded or given full and/or complete medical 22 treatment, attention and/or services; that PHILLIPS would be denied any and 23 all requests for medical treatment, attention or services; that said WORK 24 FURLOUGH PROGRAM would not provide medical treatment, attention and services 25 to PHILLIPS; that PHILLIPS would be and was, administered drugs and chemicals, 26 without his knowledge or consent, in his food and drink as given at the WORK 27 FULOUGH PROGRAM facility located in Richmond, California; that each of the 28 individuals named in the Claim were prejudice against the Claimants; that -5- ` 1 upon PHILLIPS reporting to the WORK FURLOUGH PROGRAM that it would not be 2 his final and last time to be incarcerated therein; that orders and reports 3 made regarding PHILLIPS were un-fair and in-accurate; that SPELLBERG, RAINEY, 4 RUPF, MITOSINKA, ROBERTSHAW and McALLISTER did have a special interest in 5 the Claimants; that SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and Mc 6 ALLISTER did not want to put behind them Case No. 31898; and that SPELLBERG 7 and RAINEY wanted to "even the score" with the Claimants based on the Claimants 8 exposing D.A. Gary T. Yancey and the D.A. 's Office in their scheme to victimize 9 small businesses in Contra Costa County in accordance with the pleadings as 10 found in the Third Amended Cross-Complaint, Case No. 275765. 11 That the effect of such conduct was to materially interfere with 12 the personal life and business activities of the Claimants, and to cause them 13 both physical and emotional pain, suffering and anxiety; that the exact nature 14 and extent of the injuries to the Claimant's business activities is presently 15 unknown to the Claimants, but the Claimants will seek to show the same by 16 amendment and proof when the same becomes know to them. 17 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN 18 E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA McALLISTER, THE 19 OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, CALIFORNIA, THE WORK 20 FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA and THE COUNTY OF CONTRA 21 COSTA, CALIFORNIA, was fraudulant, oppressive and without regard for the rights 22 of the Claimants and was with actual malice towards the Claimants, and was 23 intended to, and did deceive, vex, annoy and harm the Claimants, and that 24 by reason thereof, the Claimants are entitled to General Damages in the amount 25 of Two Million Dollars ($2,000,000.00) and Special Damages in the amount of 26 Two Million Dollars ($2,000,000.00). 27 That further the aforesaid conduct of NORMAN SPELLBERG, RICHARD 28 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA -6- I McALLISTER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 2 CALIFORNIA, THE WORK FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA, and 3 THE COUNTY OF CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without 4 regard for the rights of the Claimants and therefore entitles the Claimants 5 to both Punitive and Exemplary Damages in an amount to be determined by proof 6 and shown by amendment. 7 8 INJURY SUSTAINED DUE TO 9 MISREPRESENTATION WITH ACTUAL MALICE 10 (Government Code, Section 822.2) 11 The Claimants refer to and by such reference incorporate herein 12 in full all of the claims of the above paragraphs herein. 13 That the motive of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN E. 14 RUFF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and PATRICIA McALLISTER was 15 to willingly vex, harass, annoy and injure the Claimants, and constitute a 16 series of acts conceived in a spirit of mischief and with criminal indifference 17 towards the obligations owed by them to the Claimants; that the motive of 18 SPELLBERG, RAINEY, RUFF, MITOSINKA, ROBERTSHAW and McALLISTER in performing 19 the acts set forth herein was (and still is) evil, not beneficial. 20 That incidental to the filing of this Claim, SPELLBERG, RAINEY, 21 RUFF, MITOSINKA, ROBERTSHAW and McALLISTER, each knew that the intentions 22 of D.A. Gary T. Yancey was to: (1) run the Claimants out of the County, (2) 23 close the Claimants businesses down, and (3) put the Claimants into bankruptcy, 24 and that based on SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and MCALLISTER 25 being part of the same system within the County of Contra Costa, they believed 26 that they had a duty to enforce D.A. Yancey's will and desires. 27 That further SPELLBERG has been exposed, and charged, regarding 28 his overall bias and prejudice during the discharge of his duties as Judge -7- 1 as he uses his positon to systematically send Gentiels to the penal system 2 here in the State of California (Judicial Notice is requested to Exhibit B 3 entitles, "The Dishonorable Judge Stormin' Norman Spellberg" herein attached). 4 That the effect of such conduct was to physically damage, with an 5 on--going injury, MICHAEL ROBERT PHILLIPS; to administer drugs and chemicals 6 to MICHAEL ROBERT PHILLIPS, without his knowledge or consent, for the purpose 7 of physical deterioration, a high thirst factor, an overall run-down condition 8 and for a loss of sexual awareness; and to materially interfere with the 9 business activities and personal life of the Claimants, and to cause them 10 physical and emotional pain, suffering and anxiety; that the exact nature 11 and extent of the injuries to the Claimant's business activities is presently 12 unknown to the Claimants, but the Claimants will seek to show the same by 13 amendment and proof when the same becomes know to them. 14 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN 15 E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA McALLISTER, THE 16 OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, CALIFORNIA, THE WORK 17 FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA, and THE COUNTY OF CONTRA 18 COSTA, CALIFORNIA, was fraudulant, oppressive and without regard for the rights 19 of the Claimants and was intended to and did deceive, vex, annoy and harm 20 the Claimants, and that by reason thereof, the Claimants are entitled to 21 General Damages in the amount of Two Million Dollars ($2,000,000.00) and 22 Special Damages in the amount of Two Million Dollars ($2,000,000.00). 23 That further the aforesaid conduct of NORMAN SPELLBERG, RICHARD 24 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER B. ROBERTSHAW, PATRICIA 25 McALLISTER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 26 CALIFORNIA, THE WORK FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA, and 27 THE COUNTY CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without 28 regard for the rights of the Claimants and therefore entitles the Claimants -8- 1 to both Punitive and Exemplary Damages in an amount to be determined by proof 2 and shown by amendment. 3 4 INJURY SUSTAINED DUE TO CONSPIRACY 5 The Claimants have sustained injury due to Conspiracy by NORMAN 6 SPELLBERG, RICHARD K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. 7 ROBERTSHAW and PATRICIA MicALLISTER, while acting outside of their respective 8 scope and/or authority of their governmental capacity, as each of them, acting 9 individually and at times acting as the agent of the other, as the Claimants 10 will seek leave of the Court by amendment and by proof upon the completion 11 of discovery herein, willfully and knowingly conspired and agreed to take 12 action to interfere with and destroy the business of the Claimants, the 13 personal life of the Claimants, and to apply pressure to the Claimants to 14 cease their business operations, and to join in a conspiracy by others, to 15 be named as their names become known to the Claimants, each act targeted 16 against each of the Claimants. 17 That in furtherance of this conspiracy and agreement, SPELLBERG, 18 RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER did: 19 1. Undertake a plan to deny and deprive MICHAEL ROBERT PHILLIPS, 20 while directly effecting C.J. BLACK aka MRS. PHILLIPS, medical attention and 21 service regarding any injuries he may, or did receive. 22 2. To administer to MICHAEL ROBERT PHILLIPS, without his knowledge 23 or consent, drugs and chemicals which were placed in his food and/or drinks, 24 said drugs and chemicals to cause an effect of physical deterioration, a high 25 thirst factor, an overall run-down condition and a loss of sexual awareness. 26 3. Undertake a plan to have revolked the probation and have arrested 27 MICHAEL ROBERT PHILLIPS. 28 4. Have MICHAEL ROBERT PHILLIPS incarcerated. -9- ~ t 1 5. Use every means to discredit the Claimants and to "even the 2 score" based on the Claimants exposing D.A. Gary T. Yancey and the D.A.'s 3 Office in accordance with the pleadings as found in the Third Amended Cross- 4 Complaint, Case No. 275765. 5 6. Undertake a program to continue to allow, based on SPELLBERG'S 6 bias and prejudice during the discharge of his duties as Judge, to use his 7 position to systematically send Gentiles to the penal system here in the State 8 of California. 9 That SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER 10 do not have, nor have they ever had, any interest, right, title or claim, 11 directly or indirectly, in any business activities of the Claimants. 12 That SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and MCALLISTER 13 cooperated, aided and encouraged and ratified and adopted acts, herein above 14 described, and other acts yet to be determined as discovery is on-going, which 15 resulted in the actual damage, and injuries, to the Claimants from trotious 16 act(s) done in pursuance of the conspiracy. 17 That the effect of such conduct was to materially inferfere with 18 the business activities, and the personal life, of the Claimants, and to cause 19 them both physical and emotional pain, suffering and anxiety; that the exact 20 nature and extent of the injuries to the Claimant's business activities is 21 presently unknown to the Claimants, but the Claimants will seek to show the 22 same by amendment and proof when the same becomes know to them. 23 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN 24 E. RUPF, GERALD T. K TOSINKA, PETER G. ROBERTSHAW and PATRICIA McALLISTER, 25 was fraudulant, oppressive and without regard for the rights of the Claimants 26 and was intended to and did deceive, vex, annoy and harm the Claimants, and 27 that by reason thereof, the Claimants are entitled to General Damages in the 28 amount of Two Million Dollars ($2,000,000.00) and Special Damages in the amount -10- I of Two Million Dollars ($2,000,000.00). 2 That further the aforesaid conduct of NORMAN SPELLBERG, RICHARD 3 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, and 4 PATRICIA McALLISTER was fraudulant, oppressive and without regard for the 5 rights of the Claimants and therefore entitles the Claimants to both Punitive 6 and Exemplary Damages in an amount to be determined by proof and shown by 7 amendment. 8 9 INJURY SUSTAINED DUE TO NEGLIGENCE 10 The Claimants refer to and by such reference incorporate herein 11 in full all of the claims of the above paragraphs regarding injuries sustained 12 due to: MISREPRESENTATION WITH CORRUPTION and MISREPRESENTATION WITH ACTUAL 13 MALICE. 14 That Claimant MICHAEL ROBERT PHILLIPS sustained injury by NORMAN 15 SPELLBERG, RICHARD K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. 16 ROBERTSHAW, PATRICIA McALLISTER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA 17 COSTA COUNTY, CALIFORNIA, THE WORK FURLOUGH PROGRAM, CONTRA COSTA COUNTY, 18 CALIFORNIA and THE COUNTY OF CONTRA COSTA, CALIFORNIA, as each of them, acting 19 individually and at times as the agent of the other, as the Claimants will 20 seek leave by amendment and by proof upon the completion of discovery herein, 21 by them willfully and knowingly denying and depriving Claimant MICHAEL ROBERT 22 PHILLIPS medical treatment, attention and service regarding injuries that 23 he received. 24 That on June 11, 1989, while MICHAEL ROBERT PHILLIPS was incarcerated 25 under the Contra Costa County WORK FUROLUGH PROGRAM located in Richmond, during 26 a scheduled recreation period to which the above named county employees and 27 offices, or. any designated individual by them, failed to control or supervise, 28 PHILLIPS was denied medical treatment, attention or service when he had caused -11- I to him a hair line fracture with torn/sprained ligaments and tendons to his 2 left ankle/foot. That PHILLIPS was in much pain on said date due to this 3 injury and that he requested medical treatment, attention and service, to 4 which he was denied. That due to not receiving immediate medical treatment, 5 attention and service, PHILLIPS, on the following day had to admit himself 6 to the John Mair Emergi-Center in San Ramon, California, and that due to the 7 delay, as well as the denied medical treatment as hereinabove stated, PHILLIPS 8 now has a permanent medical condition which requires on-going medical care, 9 physical therapy and expenses (Note: The expenses to this date of filing 10 this Claim in which PHILLIPS must pay, or already has paid, amounts to 11 $2,871.75 Judicial Notice is requested to Exhibit A herein attached). 12 That PHILLIPS will be required to continue medical treatment and 13 that the cost of said treatment, to include braces, medicine and other doctor 14 prescribed services, are not presently know as this time and the amount will 15 have to be determined by proof and shown by amendment when they become known. 16 That the above named county employees and offices, did administer 17 to PHILLIPS, without his knowledge or consent, drugs and chemicals which were 18 placed in his food and/or drinks, while he was incarcerated under the Contra 19 Costa WORK FURLOUGH PROGRAM, said durgs and chemicals causing the effect to 20 him of physical deterioration, a high thirst factor, an overall run-down 21 condition and a loss of sexual awareness. 22 That the effect of said conduct did materially interfered with the 23 business activities, and personal life, of the Claimants, and caused them 24 both physical and emotional pain, suffering and anxiety; that the exact nature 25 and extent of the injuries to the Claimant's business activities is presently 26 unknown to the Claimants, but the Claimants will seek to show the same by 27 amendment and proof when the same becomes know to them. 28 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN -12- I E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA MCALLISTER, THE 2 OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, CALIFORNIA, THE WORK 3 FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA and THE COUNTY OF CONTRA 4 COSTA, CALIFORNIA caused physical injury and was fraudulant, oppressive and 5 without regard for the rights of the Claimants and was intended to and did 6 deceive, vex, annoy, injure and harm the Claimants, and that by reason thereof, 7 the Claimants are entitled to recover medical costs presently amounting to 8 $2,817.75 with an additional amount for future medical treatment and service 9 presently unknown, to which the Claimants will seek to show the same by 10 amendment and proof when the same becomes know to them. 11 That further, the aforesaid conduct of NORMAN SPELLBERG, RICHARD 12 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA 13 McALLISTER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 14 CALIFORNIA, THE WORK FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA and 15 THE COUNTY OF CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without 16 regard for the rights of the Claimants and was intended to and did deceive, 17 vex, annoy and harm the Claimants, and that by reason thereof, the Claimants 18 are entitled to General Damages in the amount of Two Million Dollars 19 ($2,000,000.00) and Special Damages in the amount of Two Million Dollars 20 ($2,000,000.00). 21 That further, the aforsaid conduct of NORMAN SPELLBERG, RICHARD 22 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW, PATRICIA 23 McALLISTER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 24 CALIFORNIA, THE WORK FURLOUGH PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA and 25 THE COUNTY OF CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without 26 regard for the rights of the Claimants and therefore entitles the Claimants 27 to both Punitive and Exemplary Damages in an amount to be determined by proof 28 and shown by amendment. -13- I INJURY SUSTAINED DUE TO INTENTIONAL 2 INFLICTION OF EMOTIONAL DISTRESS 3 The Claimants refer to and by such reference incorporate herein 4 in full all of the claims as stated in the INJURY SUSTAINED DUE TO CONSPIRACY. 5 The Claimants have sustained injury due to Intentional Infliction 6 Of Emotional Distress by NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN E. RUFF, 7 GERALD T. MITOSINKA, PETER G. ROBERTSHAW and PATRICIA MCALLISTER, while acting 8 outside of their respective scope and/or authority of their governmental 9 capacity, as each of them, acting individually and at times acting as the 10 agent of the other, as the Claimants will seek leave of the Court by amendment 11 and by proof upon the completion of discovery herein, intentionally, willfully 12 and knowingly harassed, shamed and mortified the Claimants by: denying and 13 depriving MICHAEL ROBERT PHILLIPS, while directly effecting C.J. BLACK aka 14 MRS. PHILLIPS, medical attention and services regarding injuries he received; 15 administering to MICHAEL ROBERT PHILLIPS, without his knowledge or consent, 16 drugs and chemicals which were placed in his food and/or drinks, said drugs 17 and chemicals causing the effect of physical deterioration, a high thirst 18 factor, an overall run-down condition and a loss of sexual awareness; each 19 undertaking a plan to revolk the probation and have arrested MICHAEL ROBERT 20 PHILLIPS; have MICHAEL ROBERT PHILLIPS incarcerated; using every means avail- 21 able to them in order to discredit the Claimants and to "even the score" based 22 on the Claimants exposing D.A. Gary T. Yancey and the D.A. 's Office in 23 accordance with the pleadings as found in the Third Amended Cross-Complaint, 24 Case No. 275765; undertaking a program to continue to allow, based on 25 SPELLBERG'S bias and prejudice during the discharge of his duties as Judge, 26 the use of his position to systematically send Gentiles to the penal system 27 in the State of California; and other acts which will be established, at the 28 time of the hearing and/or trial, by amendment and proof. -14- 1 That by reason of the aforementioned conduct, and by reason of the 2 extremely outrageous nature of SPELLBERG'S, RAINEY'S, RUPF'S, MITOSINKA'S, 3 ROBERTSHAW'S and McALLISTER'S conduct, they have willfully intended to cause 4 the Claimants severe emotional distress and anguish through their reckless 5 disregard of the probability that said conduct would cause emotional distress 6 to the Claimants. 7 As a direct and proximate cause of SPELLBERG'S, RAINY'S, RUPF'S, 8 MITOSINKA'S, ROBERTSHAW'S and McALLISTER'S conduct as herein alleged, the 9 Claimants, and each of them, have suffered severe emotional distress and 10 anguish and continue to suffer sever emotional distress and anguish. 11 That in addition thereto, as a result of such emotional distress 12 and anguish, Claimant C.J. BLACK aka MRS. PHILLIPS, has sustained physical 13 symptoms and conditions related thereto which have required her to undergo 14 the treatment of physicians and surgeons; that the Claimants do not know the 15 total amount of the fees and expenses incidental thereto, but will seek leave 16 to show the same by amendment and proof at the time of the hearing and/or 17 the trial. 18 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN 19 E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and PATRICIA McALLISTER 20 was fraudulant, oppressive and without any regard for the rights of the 21 Claimants and was intended to and did deceive, vex, annoy and harm the 22 Claimants, and that by reason thereof, the Claimants are entitled to General 23 Damages in the amount of Two Million Dollars ($2,000,000.00) and Special 24 Damages in the amount of Two Million Dollars ($2,000,000.00). 25 That further, the aforesaid conduct of NORMAN SPELLBERG, RICHARD 26 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and 27 PATRICIA McALLISTER was fraudulant, oppressive and without regard for the 28 rights of the Claimants and therefore entitles the Claimants to both Punitive -15- 1 and Exemplary Damages in an amount to be determined by proof and shown b 2 amendment. 3 4 INJURY SUSTAINED DUE TO NEGLIGENT 5 INFLICTION OF EMOTIONAL DISTRESS 6 The Claimants refer to and by such reference incorporate herein 7 in full all of the claims as stated in the INJURY SUSTAINED DUE TO CONSPIRACY 8 and the INJURY SUSTAINED DUE TO INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. 9 The Claimants have sustained injury due to Negligent Infliction 10 Of Emotional Distress by NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN E. RUPF, 11 GERALD T. MITOSINKA, PETER G. ROBERTSHAW and PATRICIA MCALLISTER, while acting 12 outside of their respective scope and/or authority of their governmental 13 capacity, as each of them, acting both individually and at times acting as 14 the agent of the other, as the Claimants will seek leave by amendment and 15 by proof upon the completion of discovery herein, were under the duty to 16 exercise due care in the prevention of Emotional Distress to the Claimants, 17 and that SPELLBERG, RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER have 18 breached this duty, acting with reckless disregard of the probability that 19 said conduct would cause severe emotional distress and anguish and as a direct 20 result of this conduct the Claimants have suffered and continue to suffer 21 great mental and nervous pain and suffering. 22 That by reason of the negligent and careless conduct of SPELLBERG, 23 RAINEY, RUPF, MITOSINKA, ROBERTSHAW and McALLISTER, as aforesaid, the Claimants 24 and each of them, have suffered severe emotional distress and anguish and 25 continue to suffer severe emotinal distress and anguish. 26 That in addition thereto, as a result of such emotional distress 27 and anguish, Claimant C.J. BLACK aka MRS. PHILLIPS, has sustained physical 28 symptoms and conditions related thereto which have required her to undergo -16- I the treatment of physicians and surgeons; that the Claimants do not know the 2 total amount of the fees and expenses incidental thereto, but will seek leave 3 to show the same by amendment and proof at the time of the hearing and/or 4 the trial. 5 That said conduct of NORMAN SPELLBERG, RICHARD K. RAINEY, WARREN 6 E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and PATRICIA McALLISTER 7 was fraudulant, oppressive and without any regard for the rights of the 8 Claimants and was intended to and did deceive, vex, annoy and harm the 9 Claimants, and that by reason thereof, the Claimants are entitled to General 10 Damages in the amount of Two Million Dollars ($2,000,000.00) and Special 11 Damages in the amount of Two Million Dollars ($2,000,000.00). 12 That further, the aforesaid conduct of NORMAN SPELLBERG, RICHARD 13 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and 14 PATRICIA McALLISTER was fraudulant, oppressive and without regard for the 15 rights of the Claimants and therefore entitles the Claimants to both Punitive 16 and Exemplary Damages in an amount to be determined by proof and shown by 17 amendment. 18 19 ADDITIONAL CLAIMS, FACTS AND INFORMATION 20 The names of the public employees causing the Claimant's injuries 21 under the herein above described circumstances are: NORMAN SPELLBERG, RICHARD 22 K. RAINEY, WARREN E. RUPF, GERALD T. MITOSINKA, PETER G. ROBERTSHAW and 23 PATRICIA McALLISTER, and, the name of the public agencies are: THE OFFICE 24 OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, CALIFORNIA, THE WORK FURLOUGH 25 PROGRAM, CONTRA COSTA COUNTY, CALIFORNIA and THE COUNTY OF CONTRA COSTA, 26 CALIFORNIA. 27 Based on discovery being on-going, other names and acts may be herein 28 discovered at which time it would be requested by the Claimants to amend this -17- M L • I Claim. The Claimants do not know the true names or capacities of all of the 2 public employees, acting either (1) within or (2) outside of their respective 3 scope and/or authority of their governmental capacity, causing the Claimants' 4 injuries and that the Claimants will seek leave to amend this Claim for those 5 injuries to show the true name(s) and capacities, as well as additional acts, 6 of each as they become know to the Claimants. 7 The injuries sustained by the Claimants, as far as known, as of 8 the date of the presentation of this Claim, consist of, those described herein 9 above to include: MISREPRESENTATION WITH CORRUPTION, MISREPRESENTATION WITH 10 ACTUAL MALICE, CONSPIRACY, NEGLIGENCE, INTENTIONAL INFLICTION OF EMOTIONAL 11 DISTRESS and NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. 12 13 AMOUNT OF CLAIM 14 The amounts claimed, as of the date of presentation of this Claim 15 are computed as follows: 16 Damages Incurred To Date 17 MISREPRESENTATION WITH CORRUPTION 18 General Damages $2,000,000.00 19 Special Damages $2,000,000.00 20 Punitive/Exemplary Damages Pursuant to Proof 21 MISREPRESENTATION WITH ACTUAL MALICE 22 General Damages $2,000,000.00 23 Special Damages $2,000,000.00 24 Punitive/Exemplary Damages Pursuant to Proof 25 CONSPIRACY 26 General Damages $2,000,000.00 27 Special Damages $2,000,000.00 28 Punitive/Exemplary Damages Pursuant to Proof -18- E 1 NEGLIGENCE 2 General Damages $2,000,000.00 3 Special Damages $2,000,000.00 4 Medical Costs $ 2,817.75 5 Future Medical Costs To be Determined 6 Punitive/Exemplary Damages Pursuant to Proof 7 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8 General Damages $2,000,000.00 9 Special Damages $2,000,000.00 10 Punitive/Exemplary Damages Pursuant to Proof 11 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 12 General Damages $2,000,000.00 13 Special Damages $2,000,000.00 14 Punitive/Exemplary Damages Pursuant to Proof 15 LOSS OF EARNINGS Pursuant to Proof 16 MEDICAL TREATMENT $ 2,817.75 17 OTHER JUST RELIEF To be Determined 18 LEGAL FEES AND COSTS To be Determined 19 Total Damages Incurred To Date $24,002,817.75 20 Estimated Prospective Damages As Far As Known 21 FUTURE EXPENSES Pursuant to Proof 22 LOSS OF EARNINGS To be Determined 23 GENERAL DAMAGES $4,000,000.00 24 SPECIAL DAMAGES $4,000,000.00 25 MEDICAL TREATMENT Pursuant to Proof 26 LEGAL FEES AND COSTS $ 150,000.00 (Est) 27 Total Estimated Prospective Damages $8,150,000.00 28 -19- • C 1 TOTAL AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS CLAIM 2 $24,002,817.75 3 Plus Damages Pursuant to Proof 4 5 ALL NOTICES OR OTHER COMMUNICATIONS WITH REGARD TO THIS CLAIM SHOULD 6 BE SENT TO THE CLAIMANTS AT: 7 P.O. Box 606 8 Orinda, CA 94563 9 That the Claimants will pray for additional claims/amounts based 10 on additions and/or changes of the claims/acts or based on any amendments 11 to this Claim and prusuant to proof. 12 DATED: September 11, 1989 13 14 15 MICHAEL ROBERT PHILLIPS 16 17 25 A e4 a z I J/-1, L, _ f 18 C.J. BLACK aka MRS. PHILLIPS 19 20 21 22 23 24 25 26 27 28 -20- , LAURENCE'S ORTHOTICS AND PROSTHETICS, INC. I P.O. BOX 482 I' ALAMO,,CALIFORNIA 94507-0452 1 TELEPHONE (415) 798-7852 Ex PA E TO MR.: MICHAEL -PHILLIPS -111,Deerwood Place SAN RAMON, CA 94583 - - •Lswse �wr LAST AMOUNT IN THIS COLUMN PLEASE DETACH THIS PORTION AND RETURN WITH YOUR REMITTANCE. PROFESSIONAL DATE SERVICE CHARGE . CREDIT BALANCE 1989 7/11 BILATERAL ANKLE—FOOT BRACES, MOLDED LEATHER ANKLE GAUNT- LETS, #L1904 1030 00 $103 00 TO: MR. PHILLIPS THE ANKLE �BRACES CAN- BE CLAMED Of Y UR MEDICAL INSURANCE IF YOU WILL COMPLETE THE SUBSCRIBER PO TION• WITH NECES ARY SIGNATURES ON .A CLAIM FORM, F RWARD IT ALONG WITH THIS BILL TO OUR OFFICE I WILL COMPLETE HE BRACE PO TION SUBMIT IT .TO' YOUR INSURANCE C MPANY BETTY TERMS: Net 30 days ..:..;.. : . TAX I.D. # 68-00-32820 ...; STATEMENT OF ACCOUNT FROM D. CASEY BARTON D. 0. EXHIBIT� ���� ':07 SAN f{HMON VALLEY BLVD SITE '20 Z:ANVILLE, CA 94526 68-0138217 TO MICHAEL fiF-iEL r-H i.LL+IX3 D. CASEY BARTON D. O. PO LillX 606 907 =;r=N RAMON VALLEY BLVD CII I NDA, CA SUITE 202 ,,4c_,:', .Uf�P'VILLE', C 1 94526 t410-:20-6720, e PLEASE INDICATE AMOUNT DUE ' STATEMENT DATE PAY M NTS RECEIVED A000U R i= _,.. AFTER STATEMENT DATE s s NT NUMBE : AMOUNT ENCLOSED WILL APPEAR ON YOUR ,_,._I_y..• 4 07 14 89 NEXT STATEMENT =�'' PLEASE DETACH AND RETURN TOP PORTION OF THIS STATEMENT WITH YOUR REMITTANCE. ICD-9-CM DATE DOCTOR - PAYMENTS AND CODE DESCRIPTION t PATIENT CHARGES CODE NO. I ADJUSTMENTS M0. DAY . .YR. + UNPAID BALANCE BROUGHT FORWARD 824. 8 ii , 23 89 35 99070 FIBERGLASS 2IM I1=HAEL 12. ...0 06 29 89 33 SPECIAL INS BILLED N C I 845. 0 : _ - 7 35 90050 rOFFICE 1IWI r-REL ;41 _HSEL W.C: 845. 0 _ 29 35 29425 52 SLC F,II-IL,... (P) +10 Ir•:I CHAFT_ -.i_), o<<) :. 845. 0 06 29 89 35 99070 FIBERGLASS 4" W I CHAEL 54. 00 845. 0 _ _? 89 35 99070 i f- IBER!_,1__A _ " ;f`1I CH EL 13. 00 :. 07 07 89 35 SPECIAL INS BILLED ! NIC I BUCKLE UP FOR SAFETY I I I I I I I ACCOUNTING PHONE LINE 820-6831:1 HR' 9AM-4PM wm - ;ANALYSIS'OE'TOTAL"AMOUNT;":DUE CURRENT 30-60 DAYS 60-90 DAYS „ 90 120 DAYS.'f" OVER 12U DAYS • W-1,779111110 1 A pill 5 2. 0 0 cry �, 0(--) PLEASE MAKE CHECKS _ SAVE THIS STATEMENT FOR PAYABLE TO D. IT A S E�• BART BARON D. O. YOUR INCOME TAX RECORDS. 1 STATEMENT OF ACCOUNT FROM -7 I.I. CASEY BARTON D. O. 907 SAN RAMON VALLEY BLVD mm B1 ir SUITE 202 DANVILLE, CA 68-0138217 94526, TO MICHAEL PHILLIMS D. CASEY BARTON D. O. PO BOX 606, 907 SAN RAMON VALLEY BLVD ORINDA, CA SUITE 202 9456:z-: DANVILLE, CA 9 4 5 26, ( 410 -820-6720 1115%1PLEASE INDICATE AMOUNT PAYMENTS E' MEN NTS RECEINEDCC gMOUNTENCLOSEDOUNT NUMBER AFTER STATEMENT DATE OW WILL APPEAR ON YOUR 592. 00 07 14 89 NEXT MOMENT 500957 $ PLEASE DETACH AND RETURN TOP PORTION OF THIS STATEMENT WITH YOUR REMITTANCE, 'TO' v DATE DOCTOR cwqvcf� - , `, T� 1� CODE DESCRIPTION, PATIENT; CHARGES PAYMENTS AND CODE .,ADJUSTMENTS MO. MAY: YR NO UNPAID BALANCE BROUGHT FORWARD 824.8 06 13 89 35 90050 LIM OFFICE VISIT HICHAEL 36. 00 824. 8 06 13 89 35 29425 SLC WALK (P) +10 !MICHAEL 92. 00 824. 3 06 13 89 35 99070 FIBERGLASS 4" IMICHAEL 72. 00 824. 8 06 13 89 35 99070 FIBERGLASS 2" !MICHAEL 12. 00 824. 6 06 13 89 35 99070 O/T CAST BOOT CB3VIMICHAEL 15. 00 824. 8 06 13 89 35 99070 SUPPLIES IMICHAEL 14. 00 SUPPL I E& CAI q GOVElr 06 22 89 35 SPECIAL lNS BILLED ; ry/C 824. 8 06 23 89 35 90050 LIM OFFICE VISIT !MICHAEL 36. 00 824. 8 06 23 89 35 29425 SLC WALK (P) +10 NICHAEL 92. 00 824. 8 06 23 89 35 99070 FIBERGLASS 4'' !MICHAEL 54. 00 e�,jQWjltANAWTSSF70TAlL AMOUNT DUE CURRENT 30-60 DAYS gpg • Ka I.ll�z�-A hP I PLEASE MAKE CHECKS SAVE THIS STATEMENT FOR PAYABLE TO YOUR INCOME TAX RECORDS. Page: 1 San Ramon Vly Physical Therapy Fed Ident: 68-0066649 915 San Ramon Vly. Blvd. 160 Pat Ident: PHILLIPMI 335-30-6131 Danville, CA 94526 Therapist: STAN J PHILIPPS OPT#101211 Physician: DR. CASEY BARTON Diagnosis: 845 SPRAINS & STRAINS OF ANKLE AND FOOT EXHIBIT PAGE MICHAEL R PHILLIP P.O. BOX 606 ORINDA, CA 94563 pAyh1&V7 ®UE UPON RECEIPT STATEMENT OF ACCOUNT > Period Beginning 8-21-89 and Ending 8-27-89 < ------7------------------------------------------------------------------------ Date Type Description Totals ------------------------------------------------------------------------------- Wft 6.0 ance rd 8/22/89 97200 PTICOMBO/MODaPRO 30 ' PAST 40.00 97110 THERAPEUTIC EX-30' 30.00 8/24/89 97200 PT COMBO/MOD PRO 30' 40.00 97110 THERAPEUTIC EX-30' 30.00 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Balance Remaining From Prior Statements: 748.00 Total Charges: 140.00 Total Payments: 0.00 Total Adjustments: 0.00 Balance Due: PLEASE REMIT TO S.R.V.P.T. $888.00 •,1 APPROVED OMB NO.0938.0279 1i 2 - 3 PATIENT CONTROL NUMBER ' 1tt601YGNAC-TO VAVALLEYRCAD HiSIT �. PAGE 56—'2d 76 4491 C85 .] 31 A VN L! `TvC R E F W) C A! 9 4 5 9 8 5 Bcl BS PROV.No. 6 FEDERAL TAX NO. 7 MEDICARE NO. S MEDICAID NO. 0 . 94-146184_ 0F0I80 10PATIENT'S LAST NAME FIRST NAME INITIAL III PATIENT'S ADDRESS CRY STATE 21P ?HILLIP:S MIONAEL P.n. 130Y .606L'RINt'A CA 94563 12 BIRTH DATE 13 SEX U MS `�-' =>ADMISSION -� 1Y A.H. 20 D.M.121 STAT -STA T' ..x--''23 COV.O. 24 N-C.D. 25 G.D. 26 UI.D. 27 15 DATE 16 HR.w 17 TYPE j "SRCFROM THROUGH f?3-1F-3 1 06-12.-8 06-12-8 20 7ATE33—`,,- <.. ,-e'_u URRENCE-SPAN CO I DATE CD DATE CO DATE - CO DATE CD FROM THROUGH 34r DRION-CODES .s•BL000 RECORD'PINT MSP. a5 R I tC� A f L V �'�H I L I:�r p:~38,. 3B 10 TURN 3,RER 12 NOT RP �q DFD PiIOP. C 1.;• R C X 606 M �•^=VALUE - 47 VALUE 'b;..,. ,-.VALU49 VALUE CD AMT CD AMT CD AMT CD AMT CIR INCA uA g4G6 e 50 DESCRIPTION 51R.CODE 52S.UNITS 53 TOTAL CHARGES _ 54 56 55 . PVI6 12- 89t0CE 3 ...,_ O S'. LI4 0V129=3f t?"� 12-E�cI?STER"IQR :t.EG S3�lIt� 3E�a�� a�? 12—PgANY L Cf7;MP IN*FQP . 16 102 7 �.�,00_ (1'S 1?, 89Ftl�'I ' CCA4PL3E IAI736� 'Z f 291` �4.Od , X4.0 d Y'RAX ?610'22."GG 22, d€ . 9 1.. C r- '1 .SEE �- ou s's c P ase rtot t O fe a onsib a 0 ilt= 'tithe=un c` o „ r o -Insuca S em o acs t M. y 57 PAYER 60 DEDUCTIBLE 51 CO-INSURANCE EST.AMOUNT DUE A F"^-^^tr"-r' � "7T'..T?'Xy CT?' .t'�'�Ww✓ ksg4„ �* d Z"".£'lY"f. h �d`2 T, `,�G "�'°' „�..... � e.E r•"`.k"F, �"'=a f'Ys3-S� �S' 3 S �k"' "' R`•S ..-..<._...,,..:.r -- 4:: ..�,•✓.._ _..s..., „-k„..z.u_as._.. ,, CDUE FROM-F ,., PATIENT 65 INSURED'S NAME MSE% 67 RAA. 66 CERT.SSN-HIC.-ID.NO. 59 GROUP NAME 70 INSURANCE GROUP NO. A PHIL! IPS,MICFA-EL I 57?- 966642 ?X PRUDENT F CCC3611 B C 71 EID J2 ESC 73 EMPLOYER NAME 74 EMPLOYEE ID. 75 EMPLOYER LOCATION A CRIND-A RECORDS 111 0EFRW00C Sr? PAMON CAg4ra :. UB-82 HCFA-1450 JOHN MUIR 1601 Ygnacio Valley Road • Walnut Creek California 94598-3194 MEDAL (415) 938-2400 CE,YTER NOTICE TO PATIENT ACCOUNTS ARE SUBJECT TO FINANCE CHARGE IF NOT Since the hospital is acting solely as an agent for a patient when PAID WITHIN 30 DAYS OF BILLING DATE. filing for insurance benefits assigned to it, it can assume no FINANCE CHARGE IS COMPUTED BY A "PERIODIC responsibility for guaranteeing that the charges on this statement will be covered by insurance.The patient assumes full responsibility RATE" OF 11/2% PER MONTH, WHICH IS AN ANNUAL for payment of this bill. Credit for payments will be shown on a PERCENTAGE RATE OF 18%, APPLIED TO CURRENT statement when money is actually received.Should an overpayment be made a refund check will be sent to the authorized party due the ACCOUNT BALANCE. overpayment. DATIcuT f`nPV r • 000581 ®® Cross P .O . BOXA6666RVICES • o of Cali#err'sn OXNARD, CALIFORNIA 93031-6666 NDIVIDUAL SERVICES EXHIBIT PAGE Dear Member: When payment of your claim gees directly to a hospital, or when you authorize us to pay the provider of care di- PHILLIPS, i- PHILLIPS, C B rectiy, we provide you with this record of how your claim P 0 BOX 606 has been handled. ORINDA, CA 94563 , �— Al-co, ;f `;our coverage Stains that '@rt3:n benefits are , avable Only after a deductible has been Satisfied, we want you to have a record of the expenses which have been applied toward these deductibles. We nope this information is helpful and meets with your understanding of your Blue Cross coverage. OF .8E,NEF1 i S tE w81 PATIENT ACCOUNT NO c 5009570 FORASStS1ANCECALLORWRITETHE i 'ssuE�aT• �Eavlc :P.EFERENCE,vo. CFa iF?C�.T e. ��ovlr_E�ls; _;EVir= OFFiCENEAREST'YOU ; 07-10-89 ; 1989 ; 89186-51-0305 ! 572-96-6642 BARTON D CASEY DO FOR At7ti1TtONAL tIVFORIAA7 tON SEE 'IT NX,v1E f?EVERSEStQE ! PHILLIPS, MICHAEL 00036B i�i.`G,,-zGs ! 3 'dEFi T 5 PAID3l$SC�EF3cri'3 ;�SSPri?7a3S3L:T Y _ — L 5,� iC a CR _;�T L ''A„CR MEDICAL CN L !G19LS—_ 7C,7 A -� TOTAPPLl3.TO PCRTIOV D f OtUCT. YOU PAY I CTOR VISIT OFFICE 06-23 ! T 36.00 ! I RGERY OFFICE 06-23 1 92.00 ; PPLIES 06-23 3 54.00 i PPLIES 06-23 1 12.00 ; I I l i 190.001 i 190.0C ! I 1 i i i ri . I i i i I , I 190.00 I OT 31LLc TOTISIBAL Or TOTAL SUBSCRIBERS >t190 OO T CHARGE] v €„ " ._1 BENEFITS PAID e" ' „ RE. P IUATY ' I S M0UN1J3=1 rAMA71nN OF CODES AND 1401TEc. PAYABLE TO BLUE CROSS I A PRUDENT BUYER PLAN MEMBERS 4.00 IS NOT YOUR RESPONSIBILITY. IT IS YOUR INCENTIVE FOR RECEIVING SERVICES FROM A PARTICIPATING PROVIDER. IR CUSTOMER SERVICE-INDIVIDUAL PLANS CALL (800) 333-0912 ABER DEDUCTIBLE YEAR TO DATE $ 235.37 FAMILY DEDUCTIBLE YEAR TO DATE S 235.37 DEDUCTIBLES SATISFIED YEAR TO DATE 0 ilie—��-----_—_.___---------- e.,t ,?at ' `��r Vou;1::1*ccr,3e ax;•ecords. 001257Y„, INDIVIDUAL SERVICES olue Cross P.O. BOX 6666 • © of California OXNARD, CALIFORNIA 93031-6666 INDIVIDUAL SERVICES EXHIBIT PAGE /7 / Dear :Member: '%lhen, Payme=nt CT ycur claim goes sirac:iy to 3 hos.0iiai, CC when you authorize ;_!s 'o ay the provider of care di- PHILLIPS, C B rectly, we provide you with this record cr how your claim P 0 ABOX 606 has been handled. ORINDA, CA 94563 -- .=else. iT your coverage STaTPS frai r..ar tin nPnF#itS are �Jt t i f Il i ziicr -u ueduc:ivie i7as bee Saiisi ad. '':fie i3 `ie .:. .aLv U i i{e 'ai:.,e$ s'Ii'i - iiei'•i� -teen applied tctvard ese _e(:.c '✓les. -9 Looe 'h;s in#cry�;a;o�� :j �i�i Li cIV.J :Ie e.s Sr Lr ..nom. .. L..,. i~:� iJl •f cur PATIENT ACCOUNT NO 5009570 OFA ASStST�AN E GALL OR WR,T TFtC - - - 3 A 1FFtCE°NEAREST YQt1 _ 07-22-89 1989 89194-51-0603 572-96-6642 BARTON DAVID C MD QRAOt)lTIQIVAL"{NFORMATtQN SEE ~; { +air IEIIERSE$lE7E' `tk. _ PHILLIPS, MICHAEL 00036B T!' _MJF SE,•'C'= tGERY OFFICE 06-29 1 90.001 'PLIES 06-29 1 54.00; !PLIES 06-29 1 13.00' 1 ;OR MEDICAL 113.90 113.90 14.63 28.47 43.10 I ! 113.90 14.63--26-.47— TOTAL 4.G3 -28.47TOTAL BILLED .'."`.157 00 TOTAL OF 7.13,90t TOTAL SunSininc?� ` 43 710 CNARGGC r 3= �EFiTc Agin ac r, cion 1 -THIS"AMOUN '° � EXPLANATION OF Ci QES:ANN JOTES: PAYABLE TO BLUE CROSS 2 CUSTOMER SERVICE-INDIVIDUAL PLANS CALL (800) 333-0912 IBER DEDUCTIBLE YEAR TO DATE $ 250.00 FAMILY DEDUCTIBLE YEAR TO DATE $ 250.00 DEDUCTIBLES SATISFIED YEAR TO DATE 1 .'L!J! it -- 0009$ INDIVIDUAL SERVICES toss P .D . BOX 6666 of California OXNARD, CALIFORNIA 93031-6666 o INDIVIDUAL SERVICES EXHIBIT PAGE Dear Member: When payment of your claim goes directly to a hospital, or when you authorize us to pav the provider of care di- PHILLIPS, i- PHILLIPS, C B rectly, we provide you with this record of how your claim 111 DEERWOOD PL . #20 has been handled. SAN RAMON, CA 94583 -- ,Also; if your Coverage States haf Certain benefits are ::payable only altar a deuluctible has been satisfied, we `.Vant '/ou to Have a record Oi the expenses which have been applied toward these Deductibles. P,e i:o e this information is 1=!%Pful and i'.gets '`,Vith ;;Our understanding or your Blue Cross coverage. OR ASSISTANCECAlL 4R WRITETHE !S-UE=ATE ;S-E.nViC �E- .EN ;E Bio. ERTIF:CATE=i0. �FF10E NEARESTC41 >" 06-26-89 t1989 89174-91-0992 572-96-6642 JOHN MUIR MEMORIAL OR AJU1TILti�tAtr�ti�l f)RMATION SEE '-N7 N„'aE ;MO. ;EVESESIDE PHILLIPS, MICHAEL 00036B .+'I_ -+fir I 3',...3 S C.!tq ,3 "tile Sia H-!7! - - • i ,ZA r, �I 1� 'rr.� �—tr is , L � I J _?l':I�Lc -,� IPPLIES 06-12' 1 38.25 i 'RAY OUTPATIENT 06-12 1 58.50 3 ICTOR VISIT OUTPAT 06-12 1 22.06 'HER SERVICE 06-12' 1 69.75 j -RAY OUTPATIENT 06-12' ;1 58.25j1 iCTOR VISIT OUTPAT 06-12 1 21.00 ' I iCTOR VISIT OUTPAT 06-121 11 54.0 1 ICTOR VISIT OUTPAT I 06-12 it 40.0 I j j l DITIONAL BENEFIT ' i 271.31iA i 271.31 271.31 TOTAL BILLED >I�'' 3b1 7 TOTAL OF 271`3 TOTAL SUBSCRIBERS ' CHARGES ' BENEFITSPAID _ w,x RESPONSIBILITY AR =.. i A PRUDENT11161YER�PLAN,MEMBER� -J 90.44 IS NOT YOUR RESPONSIBILITY. IT IS YOUR INCENTIVE FOR RECEIVING SERVICES FROM A PARTICIPATING PROVIDER. JR CUSTOMER SERVICE-INDIVIDUAL PLANS. CALL (800) 333-0912 :MBER DEDUCTIBLE YEAR TO DATE 45.37 FAMILY DEDUCTIBLE YEAR TO DATE S 45.37 DEDUCTIBLES SATISFIED YEAR TO DATE 0 ,..,_' _ Ale r...:�� �'l, t ( ''`�' '(�— ^ Icy -------- Al SWy,y :% � : �u a tl % S coon , your rt?C mB i`•3 records.s. FkiiL(. TPS;; i1iCNtnt L` F ' L. LY �'i".I•Tf�hi y SF 3�4 2875,.C���i lafaS� i'�7Z�IE: Zt TE'1F } H Z(yr z , a1 141 t' 8t.��-F,.' Lam' PATIENT r CHANGE ::, ILII IT- PAGE , ]SAN RAMON VALLEY ORTHOPAEDIC GROUP, IRS#68-000554S ]''LYNN F.SHAFER,M.D. .IRs#68-0172539 _❑JOHN M.KNIGHT,M.D.,IRS x94.2910145 ._• ' _ :❑130 La Casa Via,Suite 103,Walnut Creek,CA 94598 • (415)932-1090 1 JOHN K.WILHELMY,M.D.,INC. IRS#94.2370536'❑D.CASEY BARTON,D.O. IRs#68-0138217. • ❑1505 St.Alphonsus Way,Alamo,CA 94507 • (415)837-1622 ❑907 San Ramon Valley Blvd.,Suite 202,Danville,Ca 94526 • (415)820-6720 J JEROME H.DAVIS,M.D.,INC. IRS#94-2442347 O JOHN L. ZELLER, M.D., Ph.D., IRS#68.0162399 0 FFICENISIT;S. ANEW ".EST. .< .. : X=RAY,w ,..� MEDICALSU PLIES 1 „Brief .1190000 .2 6 Ribs 1 71100 .2 7111 a !'.,, U, 2 Limited .1 9001 .2 7 Sternum 71120 3 Intermediate .1 9001'5-.2 90060 38 C.Spine 1.1172040.21720501.3172052 4 Comprehensive .1 90020 .2 90080 39 Dorsal Spine 1.21720701,4172074 ' '5 Broken Appoint. 99049 40 Scoliosis 72090 <v73'-'SURGERY 6.-' 41 1 L.Spine 1.117210 .2 72110 .3 72114 :CONSULTATIONS .Y <., _ 42 1 T-L Spine 1.11720801 7 .0 90600.1 906051.21906101 431 Pelvis 1.11721701.2[72190 1.31906201 .5 90630 44 1 Sacrum/Coccyx 72220 45 Clavicle 73000 MEDICAL=LEGAL• n M. 46 Scapula 73010 0 Court Appearance,Deposition 99075 47 Shoulder 1 730201.21730:30 SERVICES PERFORMED AT: 1 Attorney's Report 99080 48 A-C Joints 73050 ❑Office 09870-3 ❑DANVILLE-SAN RAMON 12 Special Report 99080 49 Humerus 73060 ❑ E.R. 09870-2 Surgical Center 3 Record Review 99080 50 Elbow 1.21730701,3173080ElJOHN MUIR MEDICAL CENTER 09870-1 ",;INJECTIONS AND•ASPIRATIONS ro- 51 IF 7 1601 Ygnacio Valley Road 4 Tendon Sheath-Tr r.Pt. 20550 52 Wrist . .2 73100Walnut Creek,Ca 94598 '5 Small Joint 20600 531 Hand 1.2173120t, 73130 ❑ACC ❑ TRAUMA ❑ 6 Intermediate Joint 20605 541 Fin ers 73140 7 Ma'orJoint 20610 551 Hip 1.1 1735001.21735101-a173520 TOTAL DISABILITY: TO 8 561 Femur 73550 RETURN TO WORK DATE: ASTS/SPL-INTS'- CHILD-T`ADULT PL FI 3 57 Knee 1 7356 .2 73562 .4 73564 NEXT APPOINTMENT: '9 Long Arm 1 29060 .2129065 .3 .4 58 Tibia 73590 SHORT❑ MEDIUM❑ LONG El Short Arm 1 29070 .2129075 .3 .4 59 Ankle 2 736001-3173610 1 Gauntlet .1 29080 .2 29085 .3 .4 60 Foot 1.21736201-3173630 DOCTOR'S SIGNATURE/DATE. * SA Thumb SP .1 29070'.2 29075 .3 .4 61 Calcaneus 73650 * LA Thumb SP .1 29060 .2 29065 .3.A. Toes 73660 !4 LL Cast .1 29340 .2 29345 .3 1.4 1 63 15 LL Walking 1 29350 .2 29355 .3 .4 !6 Cylinder C. 1 29360 .2 29365 .3 .4nHOSPITAL .. ' , , = RECD.BY: TOTALTODAY'S FEE 7 SL Cast .1 29400 .2 29405 .3 .4 ❑Carddt !8 SL Walking 1 29420 .2129425 .3 .4 r . 90260 !9 PTB Cast 1 29435 .2129435 .3 .47 2 ❑Cash TOTAL 10 SAS lint .1 29120 .2129125 .3 .4 68 Corisult .1 2 ❑Check... AMT.RECD TODAY 11 LAS lint .1 29100 .2 29105 .3 .4 1.3190620 - 90630 NEW BALANCE 12 SLS lint ' 1 29510 .2 29515 .3 .4 70 ER Exam-Ltd. .1 90510 90550 y„„- n 13 LLS lint 1 29505 .2 295051,3 1.4 171 ER Exam-Inter. .1 90515.2 90560 WRITE DIAGNOSIS 14 Clubfoot U 29450(B)1.61294551.3 1.4 172 Nursino Home Visit 90352.2 ,r I �w v'f 151 1 173 Hospital Dischar a 190275 I P P p ACJoint rinury �, ine DS ine L-S�Ine Pelvisy houlilerScapule Humerus Elbo Forearm Wrist Hand FingerHlp Femur Patella Leg:` Ankle" Foot oes° _ti;y _ ,,,. �•„. �,., Wiz., .t>;..�:: .w. �.i,..;s>:a M.r.,.a: n...;., :Kr18e.,,.v,'„y:,s;'.. .d,+.,. t t i�,;a"e:.7:: _..s._. Clavicle 3 x �r ,. racture 805.0 805.2 805.4 808.8 810.0 811.0 812.2 812.4 813.2 814.0 815.0 816.0 1820.8 821.0 822.0 823.8 824.8 825.2 526.0 Wocation 839.0 839.21 839.2 839.69 831.04 831.0 831.09 831.0 832.0 839.8 833.0 839.8 &14-0_L835.0 836.5 839.8 837.0 838.0 838.05 rain/Strain 847.0 847.1 847.2 848.5 840.0 840.9 840.9 840.9 841.9 841.9 842.0 842.1 842.1 843.9 843.9 844.9 844.9 845.0 845.1 845.1 ontusion 922.3 922.3 922.3 922.9 923.0 923.0 923.01 923.03 923.11 923.1 923.21 923.2 923.3 924.01 924.0 924.11 924.1 924,21 924.2 924.3 end./Burs. 726.1 726.33 726.4 726.4 726.8 726.5 726.6 726.7 726.7 726.8 HOULDER. - .. ;: Sv _N r2>.o-HIP 's'�.a+^*"�c}!i.�ua>1nSs•+�.r."NM:_ .x>. -a,•:mn .�,a�4^ ��w7 �•.� :'.'�,�.-:•_-��:-�resK..x_�..u:-.�._.,=' OOT,,x.».�r `F -1 OStegarthotis -715,15 Osteoarthritos 715.16 31 Rotator Cuff Tear 840.4 A5 Hallux Valcus/Bunlon 735.0 .2 Traumatic Arthritis 716.15_a Traumatic Arthritis 716.16 Impingement Svi3drome 726.2 AQ. Pes Planus 754, *a Pyogenec Arthritis 711.05_a i n 7 Plantar Fasciltis 728, A-Aseptic Necrosis Z33,42 - 4 Metatarsalgia - 726, _a Osteonecrosis.* _a Failed Total Hon 996.4 2Q Fa'led Total Knee _, 'BACK`AND NECK = - -42 Morton's Neuroma 355, ji Intertrochqnteroc Fracture Q20,21 21 Loose Bodies 717.6 U Low Back Paon/Syndrome 742.2 J% Hammer Toes 735, Subtrochanteric x 820.22 2Z ChoLldromalac4a 717.7 _X.Degenerafive Disc Disease 722.6 "vMISCELLANE US:'i-31i,x _- A Concenital niqlocatfon,Un*. .754,3022 Tear.Medial Meniscul 836.0 M Lumbar Sponall Slenos's 724.02 eneralazed 715.9 _2 Congenital r)*slocatlon,BL 754.31 2A Tear.Lateral Meniscus 836.1 Post-Laminect mvSyndrome 722.8 Rheumatoid Arthritis 71" LQ Calcif4catiQn of Hip 719,8521 Tear Ant/Post Cruc*ata Lig. 844.2 _U Spandylolisthes's 756.12 JU Paget's Disease of Bone 731.0 Li Z32.1- 2& Mod,Coll,Lig.Sprain 844.1 -4.0- Herniated Nucfeus Pulposus 722,10,% Carpel2Z Rota[y Instability 718.86_41 Scollosis 71T De Quervaina Disease 727, � Club Foot 754.51 2& Patellar Subluxatign 836.3 _4Z Spondylolys's 756.11 Tunnel Syndrome 354.0 Al ,.t ._-'•. V 0 t is,:; i:f`>'' " i .I.Wit, .I""1... '_, -. ;.t.l:. .l.+f'!.:)C_.d -_ xs f^i r4'.I-+J t'! �+n.l/ .'.4 ri i ftiEL �• +,Ji.� �7 �j", :.-11:C.u�i',81 88 ' E;.X:FiTH =(?_l'�:fa/27.._ B.C./PRUDENT. BUYER p 'r K. ' v . 7'�r Cf H +.L.i..: lF JC,lIY't�� t t +VV7J ' ✓ � 1 / .. r T 1 .Q )L1 / t s M G�. ss .1. ♦_n� �.` '/ ` r ae v rli.s'.�� J�.'(..1 1 Yi + Q X 4)()C) e -,ate s�s. r'` ,"' } - P''�„efi *a,,� -x. y�1 I q r,s t •-a { O TO T T Cl PATIENT 1...F`1.;�f�U. .c3�3 (. a'=�' I. .00 L °���, .00 ':t% ().010 60 fl.iJO ,�;�, fl.00 1 21 0 +1).00 ❑SAN.RAMON VALLEY ORTHOPAEDIC GROUP, IRS#68-0005546 ❑'LYNN F.SHAFER,M.D. !Rs#68-6172539 ❑JOHN M.KNIGHT,M.D.,IRS#94-291.0145 ❑130 La Casa Via,Suite 103,Walnut Creek,CA 94598 * (415)932-1091 C1JOHN K.WILHELMY,M.D.,INC. IRS#94-2370536•❑D.CASEY BARTON,D.O. IRS#68-0138217 ❑1505 St.Alphonsus Way,Alamo,CA 94507 • (415)837-162: ❑907 San Ramon Valley Blvd.,Suite 202,Danville,Ca 94526 • (415)820.6721 ❑JEROME H.DAVIS,M.D.,INC. IRS#94-2442347 ❑JOHN L.ZELLER, M.D., Ph.D., IRS#684162399 =.x= OFFICE`VISIT.> ra, . :-NEWwy 'EST. ;_>X=RAY _ r y _ ;: MEDICAL SUPPLIES'LIES"*, 3, 1 Brief .1190000 .2 040 --, 36 Ribs ---7.11711001.2171110 2 Limited 1 90010 . 37 Sternum 1 v U .it 3 Intermediate .1 90015 .2190060 381C-.Spine 1.1172040.21720501.3172052 4 Comprehensive .1 90020 .2 90080 39 Dorsal Spine 1.21720701.4172074 XL 5 Broken Appoint. 99049 40 Scoliosis 72090 X73:<SURGERY.. - 6 41 L.S ine .1 7210 .2 72110 .3 72114 tONSULTAT.IONS:.s . ±. w ,. z „. M 42 T-L S ine 1.11720801 7 1.01906001.11 90605 ,2 90610 43 Pelvis 1.11721701.2172190 1.31906201 .5 90630 44 Sacrum/Coccyx 72220 45 1 Clavicle 73000 :MEDICAL' LEGAL:,".,.... 4t <46 1 Scapula 73010 10 Court Appearance,Deposition 99075 471 Shoulder 71 .2 SERVICES PERFORMED AT: 11 Attorney's Report 99080 48 1 A-C Joints 73050 ❑Office 09870-3 ❑DANVILLE-SAN RAM 0N 12 S ecial Re ort 99080 49 Humerus ❑E.R. 09870-2 Surgical Center 13 Record Review 99080 50 Elbow 1.21730701.3173080C3 JOHN MUIR MEDICAL CENTER 09870-1 Y'r INJECTIONS AND ASPIRATIONS-4?,?. �, 51 Forearm 73090 1601 Ygnacio Valley Road 14 Tendon Sheath-Tr r.Pt. 20550 52 Wrist 1.21731001,3173110 Walnut Creek,Ca 94598 15 Small Joint 20600 53 Hand 1.21731201.3173130 ❑ACC ❑ TRAUMA ❑ 16 Intermediate Joint 20605 54 Finciers Z31 4 17 Major Joint 20610 55 Hi .1 7350 .2 73510 ,3 73520 TOTAL DISABILITY: TO 18 561 Femur 73550 RETURN TO WORK DATE: '.ASIS%SPLINTS'.:,CHILD.'`ADUI:T`P FI 57 Knee .1 7356 .2 73562 .4 73564 NEXT APPOINTMENT: 19 Long Arm .i 290 0 .2 29065 .3 1.4 1 58 1 Tibia 73590 SHORT❑ MEDIUM❑ LONG❑ 20 Short Arm .1 29070 .2 29075 .31.41 59 Ankle 1.2173600 .3 73610 21 Gauntlet .1 29080 .2129085 .3 .41 60 Foot 1.2173620 .3 73630 DOCTOR SiSIGNAT REIDATE ,` 22 SA Thumb SP .1 29070 .2129075 .3 .4 gl Calcaneus 73650 + 23 LA Thumb SP .1 29060 .2129065 .3 .4 fa Toes 73660 24 LL Cast 1 29340 .2 29345 .3 .4 "� 25 LL Walking .1 29350 .2 29355 .3 .4 26 Cylinder C: .1 29360 .2 29365 .3 .4 .HOSPITAL : }k ,r _ REC'D.BY: TOTAL TODAY'S FEE / 27 SL Cast .1 29400 .4 ❑Credit 28 SLWalking .1 29 .4 1 66 Day I ter, 90260 Card 29 PTB Cast 1 29435 .2129435 .3 .41 1517 Day 0240.2 90250. ❑.Cash TOTAL ❑Check 30 SAS lint .1 29120 .2129125 .3 .41 68 Cons It t. 0600..1 .2 90610 AMT.RECD TODAY 31 .LASplint 1 29100 .2129105 .3 .41 1.3 2 NEW BALANCE 32 SLS lint 1 29510 .2129515 .3 .4 70 ER Exam-Ltd. .1 90510.2 90550 y „R 33 LLS lint 1 29505 .2129505 .3 .4 ,1 71 ER Exam-Inter. 90515.2 90560 4 E IN,DIAGN' 34 .•Iubfoot U1.512945n(R)1.6129455 .3 .41 172 Nursin Home Visit .1 90352.2 - O 35 : EXHIBIT-A-Z PAGE 1045 PATIENT 3 SAN RAMON VALLEY ORTHOPAEDIC GROUP, IRS x68-0005545 7 LYNN F.SHAFER,M.D. !RS#"-0172539 ❑JOHN M.KNIGHT,M.D.,IRS#94-2910145 ❑130 La Casa Via,Suite 103,Walnut Creek,CA 94598 - (415)932-109 7 JOHN K.WILHELMY,M.D.,INC. IRS#94.2370536CASEY BARTON,D.O. IRS#68.0138217 ❑1505 St.Alphonsus Way,Alamo,CA 94507 • (415)837-162 907 San Ramon Valley Blvd.,Suite 202,Danville,Ca 94526 • (415)820-672 JEROME H.DAVIS,M.D.,INC. IRS#942442347 ❑JOHN L. ZELLER, M.D., Ph.D., IRS#68.01 3 • • CODE FEE DESCRIPTION •• • • •r t .OFFICE VISIT :°'.MEDICAL SUPPLIES v_NEW%. .EST. `;X.RAY 1 Brief .1 90000 .2 9. 040 36 Ribs 1.11711001.2171110 2 Limited .1 90010,.2 90050 37 Sternum 7112 ti 3 Intermediate .1 90015 .2 90060 38 C.SO e .1 17204 .2 720501.3172052 4 Comprehensive .1 90020 .2 90080 39 Dorsal Spine 1.21720701.4172074 5 Broken Appoint. 99049 40 Scoliosis 72090 73 61 41 L.S ine 1.117210d.21721101.3172114 :f 'CONSULTATIONS w' r$ 42 T-L Spine .1 720801 1 7 .0 90600.1 90605 1.21 90610 431 Pelvis 1.11721701.2172190 1.31906201 1.51906301 44 1 Sacrum/Coccyx 72220 45 1 Clavicle 73000 (`.MEDICAL=LEGAL `_ 46 Scapula 73010 0 Court Appearance,Deposition 99075 471 Shoulder 1.1 .2173030 SERVICES PERFORMED AT: 1 Attorney's Report 99080 48 A-C Joints 73050 ❑Office 09870-3 ❑DANVILLE-SAN RAMON 2 Special Report 99080 49 Humerus 73060 ❑E.R. 09870-2 Surgical Center 3 Record Review 99080 50 Elbow .2 7 7 E)JOHN MUIR MEDICAL CENTER 09870-1 -INJECTIONS AND ASPIRATIONS 51 Forearm 73090 1601 Ygnacio Valley Road 4 Tendon Sheath-Tr r.Pt. 20550 52 Wrist -T2T731001.3173110 Walnut Creek,Ca 94598 5 Small Joint 20600 53 Hand 1.21731201.3173130 ❑ACC ❑ TRAUMA ❑ 6 Intermediate Joint 20605 54 Finger 73140 7 Major Joint 20610 55 Hip 1.1 17350d.21735101.3173520 TOTAL DISABILITY: TO 8 56 Femur 73550 RETURN TO WORK DATE: ASTS/SPLINTS 'CHILD ADULT PLI Fl 57 Knee 1.1173560.21735621.4173564 APPOINTMENT: Long Arm .1 29060 .2129065 .3 .4 NEXT 58 Tibia 73590 NEXT AP MEDIUM❑ LONG;¢ 'A Short Arm .1 29070 .2129075 .3 .4 59 Ankle :::: 736001.3173612 0 '1 Gauntlet 1 29080 .2129085 .3 .4 60 Foot1.21736201.3173630 / 2 73620 .3 73630DOCTOR'S SIGN/TURE1DATE 2 SA Thumb SP .1 29070 .2 29075 .3 .4 fLt Calcaneus 73650 3 LA Thumb SP .1 29060 .2 29065 .3 ga Toes 73660 4 LL Cast 1 29340 .2 29345 .3 .4 5 LL Walking 1 29350 .2 29355 .3 .4 6 Cylinder C. 1 29360 .2 29365 .3 .4 - ?HOSPITAL -: REC'D.BY: TOTALTODAY'SFEE 7 SL Cast 1 29400 .2 29405 .3 .4 D Credit 8 SL Walking 1 29420 . 29425 .3 .4 2 90260 Card 9 PTB Cast .1 29435 . 29435 .3 .4 2 ❑Cash TOTAL 0 SAS lint .1 29120 .2 29125 .3 .4 6 It 1-019060 - o O Check AMT.RECD TODAY 1 LAS lint .1 29100 .2 29105 .3 .4 3 , �� NEW BALANCE 2 SLS lint .1 29510 .2 29515 .3 .41 170 ER Exam-Ltd. .1 90510.2 90550 3 LLS lint .1 29505 .2 29505 .3 .41 171 ER Exam-Inter. .1 90 15 2 90560 `;W TE•IN DIAGNOSIS}: 4 Clubfoot U 29450(B)T6129455.3 .4 1 172 Nursina Home Visit .1190352.2 5 73 Hospital Dischar a 90275 \ `-- ( ,�•'`� nJury 4 68pins0.Spin Lt3pine Pslilli' C ^ hook# 1& Humerw Elbo Forearm Wrist Hand Finger Femur Pitelie eg Ankle Foot : Toes. dt3.-?."s-t.'IaY1Cle Klle6 a ,r.N acture 805.0 805.2 805.4 1808.8 1810.0 811.0 812.2 812.4 813.2 814.0 815.0 816.0 820.8 821.0 822.0 823.8 824.8 825.2 826.0 slocation 39.0 839.21 9.2 839.69 1.04 831.0 831.09 831.0 832.0 839.8 833.0 839.8 834.0 835.0 836.5 839.8 837.0 838.0 838.0' )rain/Strain 847.0 847.1 847.2 848.5 840.0 840.9 840.9 840.9 841.9 841.9 842.0 842.1 842.1 843.9 843.9 844.9 844.9 845.0 845.1 845.1 mtusion 922.3 922.3 922.3 922.9 923.0 923.0 923.01 923.03 923.11 923.1 923.21 923.2 923.3 924.01 924.0 924.11 924.1 924.21 924.2 924.3 mcl./Burs. 726.1 726.33 726.4 726.4 1 726.8 726.5 726.6 726.7 1 726.7 726.8 `"KNE : . SHOULDER' ;FOOT 1 Osteoarthr'tis 715,15.JA Osteoarthritos 715.16 U Rotator Cuff Tear 840.4 union 735.( 2 Traumatic Arthritis 716.15 JZ Traumatic Arthritis 716.16 U Impingement Syndrome 726.2 _4.fL Peselanus 754J a Pyogenge Arthritis 711.05_a Pyogenic Arthritis - - - red Bicer)Tendon 4 1 ASeptic Necrosis 733.42_a Osteonecrosis 730.16_,14_ A-C Seoaratffion 8 tarsalaia 726J 5 Failed Total Hoo 996.4 .2Q Failed Total Knee 996.4 7� BACK AND NECK a Intertrochanteric Fracture 820,2121 Loose Bodies 717.6 M Lo Back Pa*n/Syndrome 742.2 5A HammerToes e E Subtrochanterlc x 890.22 a 717.7 ICL Degenerative Disc Disease 799-6 , MISCELLANEOUS a Conaen'tal Dislocation,Uni. 754.30 2a Tear.Medial Meniscus 836.0 Stenosos 724.02 .. Generalized 71 .� J Congenital Dislocation, n' P r -RheumatoidArthritis 714. Coll,a Calcification of Hip 719.85 2j Tear Ant/Post Cruclate Lia. 844.2 _M Spgndylolusthesis 756-12,U Paoet's Di,.;eaqeof Bone 731, 1 Leac Perthes 732.1 2& Med. Alr i 722.1 4-Nonunion Fracture 7 PED-FOOT °:v..> :..:. 2Z Rotary Instability 718.86_41_ Scol'os4s 737. U_QeQuerva0n,;Di%enqe 727.0 3 754.51_M Patellar Subluxation 836.3 -9- Spondylolysis 756.11 36_Qainal Tunnel Al41��Qsluc;Adductus myelitis 730.2 IBenian 213.2 -a_Qanglion Cyst 727, 73689 30 K ee amn/Etio,Undet- 61 44 1 Stress Fracture ochondritis Dissecans 60 Pnst-nn 045.F E 9 ' PAGE /z. PATIENT NAME 8 ADDRESS PHONE/SSN/DRIVER LIC. FIN.STAT REG.BY DATE TIME REG. I PAT.ACCT.NO. PHILr:IPS G MICHAEL R 415/631-4890 20 Pw 6/12/89 9 : 1Q 949.1.OR5 P.C. BOX 606 ���-��-6�';� BIRTHDATE AGE SEX M/S MED.REC.NO. ORINDA CA 94553 . 3/18/37 52 M MAR 2?.-33-6r.` GENWAL-1f4ST'ROMOWTO PATIENf— ----- SPECIFIC INSTRUCTIONS TO PATIENT YOU HAVE RECEIVED IMMEDIATE CARE ONLY ❑ HEAD INJURY INSTRUCTIONS The treatment was not intended to be a substitute for or to serve as REPORT TO YOUR DOCTOR IMMEDIATELY IF ANYTHING LISTED complete medical care. It is important that you report to your physi- OCCURS(EVEN WITHIN SEVERAL MONTHS). cian any problems that arise, or any failure to improve from this problem because it is impossible to recognize and treat ALL I. PERSISTENT VOMITING, STIFF NECK, FEVER OR SEVERE elements of your health in a single visit. If you should require treat- HEADACHE. ment of continued problems, you should seek medical care through 2. UNEQUAL EYE PUPILS(ONE PUPIL LARGE,ONE SMALL) your regular physician, hospital emergency room, or you may return to the EMERGI-CENTER. 3. CONFUSION OR UNUSUAL DROWSINESS. 4. CONVULSIONS OR UNCONSCIOUSNESS. 5. STUMBLING OR OTHER PROBLEM WITH NORMAL USE OF ARMS IF X-RAYS WERE TAKEN,you may have been treated on the basis of OR LEGS;OR AREAS OF SKIN NUMBNESS. the Physician's initial interpretation only. All films must be reviewed NOTE: WAKE PATIENT EVERY later by a Radiologist for final interpretation. If his impression dif- ❑ fers significantly from the Physician's, we will attempt to contact BACK 8 NECK INJURY INSTRUCTIONS you at the above address and phone number. YOU WILL RECEIVE A SEPARATE BILL FROM DIABLO RADIOLOGY GROUP FOR INTERPRETA- 1. USE HEAT ON THE INJURED AREA, SOAK IN WARM TUB. TION OF YOUR X-RAYS AND A REPORT FOR THE MEDICAL RECORD. 2. REST IN BED AS MUCH AS POSSIBLE UNTIL YOU ARE IMPROVED. 3. AVOID POSITIONS AND MOVEMENTS THAT MAKE THE PAIN WORSE. YOUR BILL:A copy of your bill will be sent to you within the next few 4. RELAX EMOTIONALLY - IF YOU ARE TENSE THE PROBLEM WILL days. Because of the sophistication of the staffing, equipment and BECOME WORSE. support people involved in immediate care, the fees for treatment may be higher than for similar treatment in a Doctor's office. This is 5. GENTLE BUT FIRM MASSAGE WILL INCREASE CIRCULATION IN primarily due to care being available 24 hours, 7 days a week. SORE MUSCLES AND SO WILL HELP TO CLEAR THE SORENESS. Private Physician's Other than the EMERGI-CENTER doctor Or Consul- 6. IF YOUR CONDITION CHANGES OR GETS WORSE YOU SHOULD tant, will bill you separately. For any questions regarding your bill, NOTIFY PHYSICIAN IMMEDIATELY. please contact the Outpatient Billing Department at 938-2400. ❑ WOUND CARE(CUTS,ABRASIONS,BURNS,ETC.) 1. KEEP THE DRESSING CLEAN AND DRY. SPECIFIC INSTRUCTIONS TO PATIENT 2. ELEVATE THE WOUND TO HELP RELIEVE SORENESS AND HELP F] SPRAIN/SEVERE BRUISE SPEED WOUND HEALING. 1. ELEVATE THE INJURED PART ABOVE HEART TO LESSEN 3. DESPITE THE GREATEST CARE,ANY WOUND CAN BE INFECTED.IF SWELLING. YOUR WOUND BECOMES RED, SWOLLEN, SHOWS PUS OR RED STREAKS,OR FEELS MORE SORE INSTEAD OF LESS SORE AS DAYS 2. ICE PACKS ALSO HELP PREVENT SWELLING, ESPECIALLY GO BY YOU MUST REPORT TO YOUR DOCTOR RIGHT AWAY. DURING THE FIRST 48 HOURS. PLACE ICE IN PLASTIC OR RUBBER BAG, CLOTH COVER. 4. SUTURE REMOVAL DAYS. 3. IF YOU HAVE AN ELASTIC BANDAGE, REWRAP IT IF TOO TIGHT OR LOOSE. LOOSEN FOR 30 MINUTES AT LEAST EVERY 8 HOURS. 4. IF THE PART SWELLS ANYWAY OR GETS COLO, BLUE OR NUMB, OR IF PAIN INCREASES MARKEDLY, HAVE IT • CHECKED PROMPTLY BY PHYSICIAN. ON 1 My ti 11 i 5. NO WEIGHT BEARING UNTIL PAIN FREE. I ❑ NO DRIVING YOU HAVE A CONDITION, OR HAVE RECEIVED MEDICATION THAT MAY INHIBIT YOUR ABILITY TO DRIVE OR OPERATE DANGEROUS MACHINERY. PATIENT INSTRUCTIONSK / - ^ ^ - I ,--�` INSTRUCTIONS GIVEN ❑ GAIT TRAINING SHEET W ❑ SPRAIN/SEVERE BRUISE V I--'. :.r ::J 1 i'11r�Y/>i ✓' i 'J C...UN �l/ (p,,75 ❑ NO DRIVING Q t��� �iti� ��^C r / \_�: t ❑ HEAD INJURY ❑ BACK/NECK INJURY SIGNATURE Ili READ UN $TA M7E IONS (,,�,.\.��•jD000�� _ ❑ WOUND CARE OF X ( x 2 X ( M.D. ❑ TETANUS SHOT GIVEN PATIENT AFTER CARE INSTRUCTIONS JOHN MUIR EMERGI-CENTER EMERGI-CENTER GGN RGMCIN (-AI IFnPNIA EXHIBIT PAGE 1 THS DISHONORABLE JUDGE 2 STORMIN' NORMAN SPELLBERG 3 4 Contra Costa County, California, located east of San Francisco 5 on the Bay side, has been blessed with some very find judges and a number 6 of outstanding attorneys. The dedication of these hard working individuals 7 must be applauded. Their knowledge of the law with their belief in LIBERTY d. 8 AND JUSTICE FOR ALL is one of the basic foundations of our way of life. 9 However, due to excessive work loads, calendar's 'piled high' and 10 the lack of full supporting functions for the Court, the justice system has 11 been stretched far beyond it's target. Even with these challenges a number 12 of judges and lawyers in the county have still maintained and exercised a 13 fair and non-biased approach to the law and the justice system. 14 And then there is STORM' NORMAN SPELLBERG, Judge of the Superior 15 Court, Contra Costa County, who is regarded by a number of people as one 16 of the most dangerous individuals presently sitting on the bench. 17 Known for his personal decisions from the bench as well as his 18 manipulation of juries into guilty verdicts, SPELLBERG has been charged with 19 bias and prejudice during the discharge of his duties as judge, using his 20 position to systematically send Gentiles to the penal system herein in the 21 State of California. He works closely with the District Attorney's Office 22 and according to a quote in "The Recorder" (The Bay Areas's Legal Newspaper), 23 Deputy D.A. Patricia Sepulveda states, ". . . he's (SPELLBERG) done very well 24 for the people. . .I have never been disappointed in what he has done." 25 "The Recorder" further reported that according to a former member 26 of the county's Public Defender's Office, "He (SPELLBERG) was not someone 27 you would expect would give a soft sentence or a favorable disposition in 28 the case, no matter what the circumstances." -1- i EXHIBIT PAGE z- 1 SPELLBERG, who is referred to as SMMUM' NORNM (to which he 2 believes is an "accolade of respect" by the attorney who first used said 3 phrase), has been tagged with this degrading nickname as a description of 4 his misguided use of judicial power. He is very impatient and. he is "likely 5 to cut off a lawyer's argument in mid-sentence" as this 64-year-old jurist 6 has egotistically acknowledge further by stating, "I get very impatient 7 because I grasp issues fast." 8 However, a number of citizens, as well as both legal and business 9 groups, oppose SPELLBERG and there is a mounting drive to have him removed 10 from the bench. 11 Noted for his overall contempt and vindictive treatment of 12 individuals who come before him, especially litigants in Pro Per (i.e. those 13 citizens who represent themselves during hearings and/or pleadings before 14 the Court), SPELLBERG has continually amazed both citizen and lawyer. Rodney 15 Stich, noted air safety activist and author, while representing himself, 16 came before SPELLBERG and observed, "A general contempt in denying due process 17 and justice for litigants in Pro Per." 18 In another case, Jim Schwander, Executive Director of The People 19 For Legal Justice, a group dedicated as a 'watch dog' to the judicial system 20 and whose motto is, "DEDICATED TO REDUCING THE LEGAL PROFESSION'S ABUSE OF 21 YOUR CIVIL RIGHTS, FREEDOM AND PROPERTY", came before SPELLBERG a number 22 of times regarding an action against an attorney for malpractice in which 23 Schwander wound up loosing his home. Not only did SPELLBERG sanction 24 Schwander, to include monetary payments to the lawyer, but in the end 25 dismissed the entire case leaving the lawyer "off the fence." It should 26 be noted that SPELLBERG was in private practice for a number of years before 27 first becoming a judge of the Municipal Court and then in 1980 an appointee 28 of Gov. Edmund G. "Jerry" Brown to the Contra Costa Count Superior Court. -2- r „ • • EXHIBIT PAGA • 1 Outside of the courtroom SPELLBERG projects a very unusual and 2 fragmented personality that could be considered boardering on the definition 3 of psychotic. SPELLBRRG'S pompous attitude combined with his arrogance leaves 4 individuals meeting him for the first time with great distaste. Balding, 5 and with 'dumbo like ears' , he claims to have graudated from a midwest college 6 in 1948 with a degree in chemistry (What he did during World War II, where 7 he was or what side he was on, was not discovered prior to this writing). 8 However, SPELLBERG likes to remind the listener about his 'great' work as 9 a research chemist. 10 Once inside the courtroom, SPELLBERG seemingly changes into a single 11 purposed tyrant intent on being not only judge, but jury and finally 12 executioner, each giving way to his carefully orchestrated scheme. Like 13 the Nazis marching the Jews into the gas chambers, his ruthless actions have 14 overshadowed any principles of human kindness. There are more than just 15 a couple of people who believe that SPELLBERG'S acts are deep rooted in a 16 mental anguish requiring intensive evaluation and care. 17 In the Dennis Carl Janson case, an attempted murder conviction 18 was thrown out on grounds that SPELLBERG gave the jury the wrong jury 19 instructions as he "failed to tell them that for a defendant to be convicted 20 of attempted murder, he or she must have had a specific intent to kill." 21 The question that arises is why, after being on the bench for over 7 years, 22 hearing criminal cases repeatly to include murder cases, did SPELLBERG mislead 23 the jury? 24 And then there is the John Csengeri case in which Csengeri, 25 according to the Contra Costa Times, told SPELLBERG, "Go ahead, throw the 26 book as me; I don't care. I didn't get to say my end of the story, They 27 stopped me in the middle." Further, the defense attorney for Csengeri asked 28 SPELLBERG to grant a new trial because of Deputy D.A. Jewett's loading of -3- kX IBIT PAGE 1 the gun, in front of the jury, charging that it was "the most brazen, yet 2 bizarre, act of prosecutorial misconduct. Jewett intended to inflame the 3 jury against Mr. Csengeri, using the loaded weapon to frighten and intimidate 4 the jury, to cause anger and ultimately, alienation from the defendant." 5 SPKrT•ttM refused the motion and sentenced Csengeri to 27 years to life in 6 prison. 7 In the famed "DJ Shooting" case that was heard before SPELLBERG, 8 Donald William Carroll was convicted of attempted murder and assault with 9 a deadly weapon in the drive-by shooting of Stockton disc jockey Elizabeth 10 Martinez on state Highway 4 in September 1985. Deputy Public Defender 11 Coleman, however, brought a motion before SPELLBERG asking him to thrown 12 out the attempted murder conviction, saying that Carroll was "convicted of 13 the wrong crime." SPELLBERG refused the motion and of course, sided with 14 the D.A. 's Office. 15 A statement that has been echoed a number of times is: What 16 STORMIN' NORKM can't get at home he takes it out in his courtroom on poor 17 unsuspecting citizens. He does what ever he wants, to whom ever he wants. 18 His repugnant use of power as a judge has deliberatly ruined the lives of 19 many people. Charged with a variety of offenses ranging from 10 Counts for 20 Disqualification under CCP §170.3 which were based on bias and outright 21 prejudice to demands that the Judicial Commission remove him from the bench, 22 SPK1J.BM has been able to elude said charges by pleading with his fellow 23 judges that he should not be censored or cited. As one source said, " It's 24 the foxes judging the foxes." 25 In fact, SPELLBERG has been charged by Michael Robert Phillips 26 with injuries sustained due to MISREPRESENTATION WITH CORRUPTION and 27 CONSPIRACY regarding his acts and relationship with the D.A. 's Office. The 28 case was a classic example of SPELERG S on-going actions. -4- f ` Y EXHIBIT 1' PAGE 1 Phillips, a record executive and producer, who was (and still is) 2 politically active in the community, in 1985 exposed Contra Costa County's 3 D.A. Gary T. Yancey and his office in an incredible scheme to victimize small 4 businesses in the county. On November 22nd of the same year, at approximately 5 5:35 a.m., under the cover of darkness, David Allan Licht intentionally and 6 maliciously broke into and forcibly entered the home of Phillips and his 7 then pregnant wife. Licht assaulted both of the Phillips' while threatening 8 the life of Mr. Phillips with a .357 Magnum. Phillips, a retired Army 9 Officer, and who had one of the few Contra Costa County issued Sheriff's 10 licenses for a hand gun, defended himself by firing a single warning shot 11 into the air to scare off the crazed attacker, Licht. The Phillips' requested 12 that the D.A. 's Office file charges against Licht (Note: He had a record 13 of "priors" to include a mental disorder) but, upon D.A. Yancey being told 14 who it involved, refused and instead brought charges against Mr. Phillips. 15 Phillips knew he was innocent and believed he would get a fair, 16 unbiased and non-prejudice trial. Little did he and his wife know how wrong 17 they were as SPELLBERG manipulated the jury into a guilty verdict by 18 surpressing evidence, refusing to allow 2 key defense witnesses to testify, 19 and allowing the D.A. 's Office to get away with prosecutorial misconduct. 20 A parallel of equal is in today's Russia as dissidents are sent to 'psycho' 21 wards and 'special camps' in an effort to quite down their outcries of 22 injustice while descrediting them. Phillips was sentence by SPELLBERG to 23 4 years in the California State Penitentiary. 24 To paraphase Deputy D.A. Grace Van Owen of L.A. Law, "There's a 25 special hell for judges and lawyers who let the law slide in order to convict 26 a person." (December 1, 1988 script of L.A. Law) 27 There are a number of other cases but the details have been 'hushed 2$ up' by the legal fraternity. When investigative reporters contact individuals -5- • E. EXHIMTf PAGE • 1 in the know (i.e. , such as attorneys who appeared before SPELLBERG), they 2 would be told that one must feed SPELLBERG'S ego with praises as anything 3 else would be a detriment to the outcome of their trial before him. 4 Throughout the history of the world we have all learned, one way 5 or another, of the injustices of mankind to each other. As certain people 6 gain power they became obsessed with their positon and began to believe that 7 not only are they above other men, but falsely believe that they are above 8 GOD. We all know of the atrocities of World War II and how 6 million Jews, 9 3 million Catholics and 1' million Protestants were subjected to death at 10 the hands of the Nazis. What was further horrifying was Hilter's master plan 11 to make extinct the entire Jewish community world wide. Here was a race 12 of people, called by GOD "the choosen people", who had made great 13 contributions to man and as we know the Jews today, they have excelled in 14 business, entertainment, medicine, banking and charity work. 15 We all know the term "Anti-Semitic" and against our will we live 16 with it. The question that arises, however, "What term is used when a Jew 17 uses his position in life against Gentiles?" 18 If you believe that there is a GOD in Heaven, then you know that 19 there is a Hell below. SPELLBERG has judged and GOD has judged him. For 20 on that final day when SPELLBERG stands before GOD for the last time as his 21 soul is transformed from what we know as earth, the pits of Hell will burn 22 brightly knowing that satan will be receiving another sinner. On that day, 23 and for all of eternity, STORMIN' NORMAM SPELLBERG will answer for his 24 prejudice, deception and evil. 25 26 27 28 -6- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1-015 Adopted this Resolution on°dct6ber- 10 , 1989 , by the following vote :{ AYES: Supervisors Powers , Fanden, Schroder, McPeak Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 89/661 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance 'No. 86-42, Adoption of a New Drainage Fee Ordinance and Amendment of a drainage plan entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan" dated September, 1989 for Drainage Area 48B, Pittsburg. Area. Project No. 7574-6D8228. The Board of Supervisors of Contra Costa County, as the governing board of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer 's reports and for the adoption of drainage fee ordinances. This Board has before it the updated engineer's report, entitled "Engineer's Report for an Update of the Drainage Fee Ordinance and Boundary Map and Drainage Plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48B, " and an amended drainage plan entitled "Drainage Area 48B, Boundary Map " and Amended Drainage Plan", dated September, 1989. The amended plan is attached hereto. Said documents, which show the general location of the drainage area and provide an updated estimate of the cost of the facilities to be borne by property in the drainage area, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. This Board also has before it for consideration the adoption of the proposed new drainage fee ordinance, which is attached hereto and marked Exhibit "A, " providing for payment of the increased cost of the facilities described in said drainage plan. It is proposed that the existing drainage fee Ordinance No. 86-42 be repealed and that the attached drainage fee ordinance be adopted. At 11 a.m. on November 28, 198,9, in the Chambers of the Board of Supervisors , Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed adoption of the drainage fee ordinance and amendment to the drainage plan. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the adoption of the drainage fee ,ordinance and amendment to the drainage plan. Upon conclusion of the hearing, the Board may abandon the proposed adoption of the drainage fee ordinance and amendment to the drainage plan, or proceed with the same. RESOLUTION NO. 89/661 The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Pittsburg Post Dispatch, a newspaper of general circulation, circulated in Drainage Area 48B. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Sections 54986 (a) and 54992 (a) . Said mailing shall be performed at least fourteen (14) days prior to the hearing. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: OCT 10 1989 PHIL BATCHELOR,Clerk of the Board of 8upervleore and County Administrator • gy fL1 �►.. _Llw�� t i_ Deputy r NCW:dmw BO:DA48B.Not Orig. Dept: Public Works Department (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Ralph Garrow & Cardinale P.O. Box 367 Antioch CA 94509 Gregory Hodges, Development Manager Citation Builders 597 Center Avenue, Suite 150 Martinez, CA 94553 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, .CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 RESOLUTION NO. 89/ 661 f .i EXEEEFUT "An ORDINANCE.NO. 89- AN ORDINANCE REPEA1JM ORDINANCE NO. 86-42 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND 'WATER CONSERVATION DISTRICT AND SUBSTITUTING A NEW ERAIA1AGE FEE ORDINANCE WITHIN CONTRA COSTA COUNTY FIOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48B The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, ordains follows: SECTION 1. Ordinance No. 86-42 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the drainage fee ordinance for Drainage Area 48B: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan", dated September 1989, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48B pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code) . SECTION II. FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) 'Ib convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Contra Costa County Flood Control and Water Conservation District for said area of deferred fee until such time as the fee is paid. ORDINANCE NO. 89/ Page 1 of 3