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HomeMy WebLinkAboutMINUTES - 10171989 - 1.9 .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 17 , 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: $300, 000 - 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BOHREN, Keith and JENKINS, Jill ATTORNEY: J, Keith Bohren Date received ADDRESS: 939 Dewing Avenue BY DELIVERY TO CLERK ON September 18, 1989 Lafayette, CA 94549 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BATCHELOR, DATED: September 20 , 1989 gy1L BATCHELOR, Clerk eputy— n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �O This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so�noiir;0Un claimant. The Board cannot act for 15 days (Section 910.8). S E P 2 0 19V0,170 ( ) Claim is not timely filed. The Clerk should return claim on ground that it wa qdl a(2*9AW, warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: (� r, Dated: `� ( .Q r�q BY: V 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. npo Dated: OCT 17 198 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: O C T 18 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: J. Keith ohren 939 Dewing e. Lafayette, CA 549 Re: Claim of KEITH BOHREN and JILL JENKINS 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, ounty Counsel By: S, Deputy gounty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. S§ 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. cc: Clerk of the Board of Supervisors ( iginal)� Risk Management (NOTICE OF INSUFFICIENCY OF, CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 . 8) f, CLAItl AGAINST PUBLIC E'NT'ITY In The ,Matter of: Notify claimant & -•lawyer Keith Bohren, Jill Jenjtins LAW OF-FICE, J. KEITH BoHREN Claimant Claimant V. 939 DEWING AVENUE ity ^� �i6fa;wttrf' , LAFAYETTE, CALIFORNIA 94549 ^953 Det�rinq Ave_ I 4,a r' 14151 2f33-e,3(i --C ounty of Contra Costa Does 1-100, Defendants Claimantshereby presents this claim, against the above listed defendants pursuant to the California Government Code, so far as it may be known at the date this claim was signed. On 6/9 , 1989 , claimantsrecieved personal injuries and property damages under the following circumstances: ( location, facts) Police tresspass againts claimants ane claimants property. Police interfere--gid Frith medical. assistance, libeled, slandered and, mace false accusations about eac1h. claimant. Injury continuing at this tirte. Claimants has incurred damage, including but not limited to the following: injury to reputation, defense costs of Walnut Creek Muni. Court #074247-8, trespass, injury to nervous system. Claimants does not }snow the true identity of all persons and/or entities whom caused injuries, therefore claim is made against Does 1-100 whom are agents, employees, representatives, contractors or connected to defendants . Claimant believes the following contributed to the claimed damages : Police officers: P. Clancy, R. large Now claimantsclaims damages of $ 300,000 Computed as follows : Property damages: aux; '_,000 Personal injury: 299,000 Other: DATED: 9/'_5189 Cl imant or Attorney RECEIVED F P 1989 PHIL BATCHELOR CLERK BOARD OCF STA R ISCR3 B Deputy In The .Matter of: Notify claimant & lawyer Y;e i th Hotu en, Jill Jerkins LAW OFr CEs Claimant J. KEITH BOHREr Claimant V. 939 DEWING AVENUE ity gf Lafa;oatt.xP. LAFAYETTE. CALIFORNIA 94549 953 Dm-.-inq Aver — Ia151 2113 [,3p..d ounty of Contra Costa Does 1-100, Defendants Claimantshereby presents this claim, against the above listed defendants pursuant to the California Government Code, so far as it may be known at the date this claim was signed . On 6/9 , 1989 , claimantsrecieved personal injuries and property damagesurn eer the following circumstances: ( location, facts) Police tresspass againts claimants anC'_ clainant : property. Police interfered uith medical assistance, libeled„ sland.erec ane ma0e fare accusaticns al-nut eac', claimant. Injury continuing at this tine. Claimantshas incurred damage, including but not limited to the following : injury to reputation, defense costs of Walnut Creel: Muni, Court #074247-8, trespass, injury to nervous system. Claimants does not know the true identity of all persons and/or entities whom caused injuries, therefore claim is made against Does 1-100 whom are agents, employees, representatives, contractors or connected to defendants . Claimant believes the following contributed to the claimed damages : Police officers: P. Clancy, R. Large Now claimantsclaims damages of $ 300,000Computed as follows : Property damages : aux: 1,000 _— Personal injury: 299,000 Other: DATED: 9 5/89 __ C1 imant or Attorney RECEIVED (--f) lbs 1989 PHIL BA CHLLOR CLERK BOARD OF SUPERVISCSS ONTRA C STA CO. 8 .. Deputy 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 17, 1989 acid 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: $17. 50 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: POPE, Donald L. ATTORNEY: Date received ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON September 201 1989 Martinez, CA 94553 BY MAIL POSTMARKED: September 16, 1989 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED: r�AAA^ 010 .4 Aj . September 21, 1989 IL ATCHEL lerk a Ann Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors N ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I/25/ 5 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admini rator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (tel/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: O CT 1 7 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 18 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator "�y`� 'TO.- BOARD OF SULERV:LSORS OF CONTRA COT'At e ur > > M application 10: r' Y Instructions to Claimant Clerk of the Board P.O. Box 911 A. Claims relating to causes of action for death or mor, nCury��to4533 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 df 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- ^1-4553 ; C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate_ 'claims must be filed against each public entity. % E. Fraud. ' See penalty for fraudulent claims, Penal Code Sec. 72 at end of phis form. RE: Claim by ) Resery g stamps ao ck L Pc)A= , RECEIVED Against the COUNTY OF CONTRA.`COSTA) )^ PHIL BATCHELOR Or DI TRICT) CLERKONTRAOCOSTAEOISOFs (Fill in name) ) By .. ep�ty . 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 : ----------------------------------=--------------------------------------- T. s When did the damage or injury occur? (Give exact aate and hour) r 30 ^61 ,. ��aa4l��--- `=-�'_a�,�-- 2. Where did the damage or injure occur? (Incl de city and county) _ _ _C_as-t _ _ _ _ a _N-E1� __ ' =_ ��L _C'�FtivV De -Yi��_ ��; 1�-F _�_. �.ty_ 3. How did-the damage or injury -ccur? (Give full details use extra/ . sheets if required) Gower'►%5;� Ga,VnE- HP � r4 (O p'F '�d.•}e AW /f Lth"f-I i-f -w us of h cher c C44 %, t Neva{ G� � bac,4c -. What,, particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? + 16 , a'1� V01-1 r G-N-, ►n o mer �o R(�,rym 0�e S ON el y Fro m Ari JjWjl')O�J23 ._ �rv+S-� SCC&an4 11 Ke-4L-irc5 dok+if. si�Wa-twlr ' (over) '.:5..:.:•jr zat.. ar.e.,the..names of county or district officers, servants or;-, ;r {' ' J employees causing the damage or injury? ' AERS ------------------------------------------------------------------ - 6. What damage or injuries do you claim resulted? (Give full ex--t-en--t---- of injuries or damages claimed. Attach two estimates for auto damage) --_ Oso 0� ----=�------=----�2rssa r► Find . 7. How was_ the amount claimed-1 above computed? (Include the estimated amount of any prospective injury or damage. ) ge °Cl ul s c 7-te ,5 WP/ d A.J e,f c�„� - ► �z i�c�5,wren pig b� '�o Y tti S �'j� �-�S f -------------------------- ---------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. LlYVS� °jNe�1 CoM;M�3�n►'� FO 9 . List the expenditures you made on account of this accident or injury DATE _ ' I TEM P:MOUNT iq5� " ` C GM Nis spry Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some oerson- on his behalf. " Name and Address of -Attorney �- �__ Claimant' s Signature qO I "Loin r J Address Mo rA rVt,Z Gft R LIa0J Telephone No. of/ t Telephone No. NOT ICE Section 72 of the Penal Code provides: "Every person who., with intert -to defraud, present-s 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 , anv' false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. 6� op 00- O tar 2 b Tye vo a Q � 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 17, 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: $6 , 677. 63 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PACIFIC BELL SEC County CQunsel ATTORNEY: �Ep 2 � 1989 Date received Warti►1ez '�/� ADDRESS: 633 Folsom Street, Room 200 BY DELIVERY TO CLERK ON Septe% 996 31989 San Francisco, CA 94107 BY MAIL POSTMARKED: September 15 , 1989 Cert # P 018 081 192 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 rp"M 01 n 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: �i �25� � 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. n (1 Dated: OCT 17 19 O 9 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 18 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLA 1 M AGA I NST TRE COUNTY OF CONTRA COSTA Pacific Bell presents a claim for damages against the County of Contra Costa as provided in Gouernment Code Section 900 et. se RECEIVED CLAIMANT'S ADDRESS SEP 1989 Pacific Bell Security PHIL BATCHELOR 633 Folsom Street, Room 200 CLE14A C S P RV180A8 N CO3 O. San Francisco, CR 94107 °Avw Date of Occurrence: Rpril 4, 1989 Location: Woodglenn 0 O'Hara, Rntioch Circumstances Causing Claim: Contractor, William G. McCullough, working for the county was placing a sewer main. In the process a 600 pair communications cable was damaged by the backhoe that the contractor was using. Description of Damage: 600 pair communications cable Amount of Claim: $6,677.63 Date of Claim: September 13, 1989 Pacific Bell Claim Number: 58946-135 M. R. Gylock RRER CLAIMS MRNRGER CLAIM AGAINST THE COUNTY OF CONTRA COSTA Pacific Bell presents a claim for damages against the County of Contra Costa as provided in Government Code Section 900 et. seq. CIRIMRNT'S ADDRESS Pacific Bell Security 633 Folsom Street, Room 200 San Francisco, CR 94107 i Date of Occurrence: Rpril 4, 1989 location: Woodglenn & O'Hara, Antioch Circumstances Causing Claim: Contractor, William G. McCullough, working for the county was placing a sewer main. In the process a 600 pair communications cable was damaged by the backhoe that the contractor was using. Description of Damage: 600 pair communications cable Amount of Claim: $6,677.63 Date of Claim: September 13, 1989 Pacific Bell Claim Number. 58946-135 M. R. Gylock AREA CLAIMS MRNRGER CLAIM 8611INST THE COUNTY OF CONTRA COSTR Pacific Bell presents a claim for damages against the County of Contra Costa as provided in Gouernment Code Section 900 et. seq. CLAIMANT'S ADDRESS Pacific Bell Security 633 Folsom Street, Room 200 San Francisco, CR 94107 i Date of Occurrence: Rpril 4, 1989 location: Woodglenn Fr O'Hara, Antioch Circumstances Causing Claim: Contractor, William G. McCullough, working for the county was placing a sewer main. In the process a 600 pair communications cable was damaged by the backhoe that the contractor was using. Description of Damage: 600 pair communications cable Amount of Claim: $6,677.63 Date of Claim: September 13, 1989 Pacific Sell Claim Number: 50946-135 M. R. Gglock AREA CLRIMS MRNRGER Security PACIFICR ABELL@ 633 Folsom Street,Room 200 IFAV San Francisco,California 94101 A Pacific Telesis Company 14151542-2464 September 13, 1989 Case No.: 58946-135 RECEIVED County of Contra Costa SEP Iq"' 1989 Board of Superuisors 651 Pine Street PHIL BATCHELOR CLERK POAAD OF U1'EAVlSORS Martinez, CR 94553 RA eau 0. esultvs Ladies 0 Gentlemen: We are sending you the attached claim notice pursuant to Section 910 of the Gouernment Code. If you have any questions on this matter, please contact me on (415)542-3261. Uery truly yours, M. R. GYLOCK AREA CLR I MS MANAGER Attachments w IIIWM Lr,e'ra h'V;4 26� TWO QTO -d.. klu m v � 1IXd H 4 oto _ X94 6 _ gi W CO fS7 .y a� J J W m _ V 1L E 0 a I ;r �mJjON0FF�J- �- '0" / N¢ aU � U O Z ¢ Q cc) < c� a cocn 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. 17, 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: $441. 8 6 Section 913 and 915.4. Please nod, all "Warnings". �iounty CpuaSel CLAIMANT: KAUFMANN, Thomas Lee SEP 2 Z 1989 ATTORNEY: MArNneZ CA Date received + 9456 ADDRESS: P.O. Box 5212 BY DELIVERY TO CLERK ON September 21, 19 9 Sonora, CA 95370 BY MAIL POSTMARKED: September 20, 1989 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 n, a DATED: BY: Deputy Ann 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: cl /25 Icj BY: I - _ Deputy County Counsel -� III. FROM: Clerk of the Board TO: County Counsel (1) County nistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDE : By unanimous vote of the Supervisors present G 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 P C'T 17 1989 PHIL BATCHELOR, Clerk, By „ Deputy Clerk WARNING (Gov. code s • 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: O C T 1 8 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator , FREICE I SEP 1/ 1989 August 239 1989 . Contra Costa County Board of Supervisors 651 Pine Street Martinez, Ca. 94553 Dear Sir: Last Friday, August 18, 1989 at approximately 3: 00PM, my family and I traveled northbound on Tassajara Road, about one half mile south of the Tassajara Fire Station. At that time a orange yellow colored dump truck which bore the Contra Costa County seal on the door began entering onto the roadway southbound, from the west side shoulder, as we passed by in the opposite direction. As the truck continued onto the roadway surface it "kicked up" loose pieces of gravel from the road surface. These pieces of gravel struck and caused damage to the windshield on our 1977 Mercedes Benz 240D. We immediately attempted to makea u-turn to catch up to the responsible vehicle in hopes of determining identifing information such as the truck number, license number, drivers name, and etc. , but the width, condition and area of the roadway prevented us from doing so until we traveled another three hundred yards further northbound. By the time we were able to make this u-turn and travel south in the trucks direction of travel it had fled the area making further identification impossible. Just prior to the truck entering onto the roadway there were no other vehicles traveling southbound in front or to the rear of the truck, nor were there any vehicles to our front, northbound. This area of Tassajara Road was being resurfaced with gravel (chip sealed) by a crew from the Contra Costa County Road Department. The damaged windshield has to be replaced as it violates section 26700 of the California Vehicle Code. The replacement cost was estimated at $441 . 86, refer attached estimate copy. ' This letter is a request for the County, of Contra Costa to reimburse the cost to replace said damaged windshield, which was damaged as a result of resurfacing materials placed on the road surface and by a ruck b i d b an employee of the county. A reimbursement TY~' Kaufmann' Post e Box 5212 Sonora, -^ Ca. 95370 209 532-1380 cc: CCC County Counsel - ^ ' 1 Lic.0274528 " C' SIERRA GLASS, Inc. Dace ____; Since ]947 REOUESTEC ` CARROLL MANNING .. r. (209);532-3652 1901 Mono Way Address' Fax(209)532-0589 Sonora,CA 95370" ToteOone Customer's Order. No. S" WORK DESIRED: �.� . •E� l i 77 I L TERMS. 1 OrderTiken by o D o N 110, STOc�� . 0,ol u a . V't N{ G Y' O � � ^m - ~ ' RECEIVED 1989 August 23, 1989 BATCHELon CURK ARD OF SLJPERV1SCT';S Contra Costa County Board of Supervisors 651 Pine Street Martinez, Ca. 94553 Dear Sir : Last Friday, August 18, 1989 at approximately 3: 00PM, my family and I traveled northbound on Tassajara Road` about one half mile south of the Tassajara Fire Station. At that time a orange yellow colored dump truck which bore the Contra Costa County seal on the door began entering onto the roadway southbound, from the west side shoulder, as we passed by in the opposite direction. As the truck continued onto the roadway surface it "kicked up" loose pieces of gravel from the road surface. These pieces of gravel struck and caused damage to the windshield on our 1977 Mercedes Benz 240D. We immediately attempted to make a u-turn to catch up to the responsible vehicle in hopes of determining identifing information such as the truck number , license number , drivers name, and etc. , but the width, condition and area of the roadway prevented us from doing so until we traveled another three hundred yards further northbound. By the time we were able to make this u-turn and travel south in the trucks direction of travel it had fled the area making further identification impossible. Just prior to the truck entering onto the roadway there were no other vehicles traveling southbound in front or to the rear of the truck , nor were there any vehicles to our front, northbound. This area of Tassajara Road was being resurfaced with gravel (chip sealed) by a crew from the Contra Costa County Road Department. The damaged windshield has to be replaced as it violates section 2670(-''.- of 6700of the California Vehicle Code. The replacement cost was estimated at $441 . 86, refer attached estimate copy. This letter is a request for the County of Contra Costa to reimburse the cost to replace said damaged windshield, which was damaged as a result of resurfacing materials placed on the road surface and by a operated"ruck being by an employee of the county. Areimbursement ,Post ZU ' ce Box 5212 209 532-1380 cc : CCC County Counsel 1 Lic.#274528 SIERRA GLASS, Inc. Data Since 1947 REOUESTEC CARROLL MANNING (209)532.3652 1901 Mono Way r Addnm Fax(209)532-0589 Sonora.CA 95370 ` i Telephone ` Custorner's Order No. ; , s WORK DESIRED: / Z 7 r P-Jr- TERMS: Order Taken by ►- 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 17 , 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: $40. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ESTIOCO, Anita L. Qoynty COunse1 ATTORNEY: S6,.P �2 1989 Date received 414mne ADDRESS: 361 Avion Drive BY DELIVERY TO CLERK ON SeptehQA Q_gr 89 Vallejo, CA 94591 BY MAIL POSTMARKED: Hand. delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 21, 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 6L 'Ahn 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: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County ministrator (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: GCT 17 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect 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 18 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 proper.ty.or growing crops' and which accrue.on or before December 31, '1987, must' be presented not laten5than 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 ora January 1; 1988, must be presented not later than s 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 10&, County Administration Building, 651 Pine Street, Martinez, CA 94553. o C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be. fil e 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 Anl,fA L 5-S-tic e® R" E E I V E -D,,4 Against the County of Contra Costa ) 5'-? �o 1989 or ) PHIL BATCHELOR CLERK 130ARD OF SUPERVISORC o District) ONTF?A COS �JoFillin name ) Byputy I 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: ---------------------------7-7------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) MAq a4, i999 9:4Vpm ------------------------------ ----------------------- 2. Where did the damage or injury occur? (Include city and county) A18A� BA/C/u fAfl Rolid OM !V lldeV A98S XaNd -ei o 6110 P/_5ba,��y ----------------- ----- ------------ ------- ----------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Perko �0------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? TheRe alw l?, Any R4A�061,9 Rl,�fiM sir 0S p�i`ed vir Codi//OUR , &-rCW7' when err�p/4th weee vwwnl- And �v©i�ki�r in ARS. The bump >n he RoA �v�gs .�b61af��hi h. , 8gi�bi 0Rpe—plvn-f oufl1`�nin9 the sf�e/ caves `eva91d hAle made the bump nih lJr�h I'e,9d e0n64RvA1d� s>�ns �n0sfed Repuenf/�c ,vet G0�/Iain!'ASS Ahd �, die ho/es end bomp� 000/e1hive been 0s"6le(o e ji�hf g 0 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 damyes claimed. Attach two estimates for auto damage y /� new .47nkle Rim Qn A96e, ge R side f�J , Seve,�ly glen � o� 3 N Rim an �oc'�A rn 4n�or,� esfirn ReSt-nil n thi ase dec�,�auuse �hQ�e om 4b#1—e491 d ft 1ubr� ,P1i�.k�JS _tiei �+ eb_Ce� do A $Its "7d ��A�� �c�firn�fe OU e o �����_Wkie rein, 7. How was the amount claimed above computed? (Include the estimated amoun of`�rvy prospective injury or damage.) , H/hen r <n�1 lac,�te A �h© the �>R Ring, ?"*alined in Q R,ms-'The &nj-RJ>VS, Tl� Plresf i�R9 is 8� �'�R l ie Qn nk�e ��mo, the e nd c M, e culls Ae ,aAssengeR s('d aim 0 1�n i��hfn d ra'd u�oth�hisc0irn, n Amai n-�1Ai:Wd ------------------ 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 8--l7-,q9 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 ofAttorney' Claimant's Signature Address CSI 9� 'I 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, bya fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. NL o J-411 IV al*I DUAN. DESCRIPTION PRICE AMOUNT 1119 AMW ROAD 1fl/fil.NLff CMIK CA 94596 e (41 a" 9334046 DATE !J —7 19 NAME �11� /jj� /j� ADDRF55 V f 'c-•'V��J �'"� 2 2 0 4 8 CITY � H `— � DATE OF ORIGINAL INSTALLATION MAKE MODEL ❑ESTIMATE Ad" SERIAL NO. DATE PROMISED ❑WARRANTY ❑CONTRACT NATURE OF SERVICE _.._.._._... .......... __._. ...... _..... .. .__... __..._.......... _................ _...... ...._.... ................. _ ............. ..... .......... _. __....._....._... .. ........... _.... ..._..._ _............ ............ _._..... ............ .........r....._.... TOTAL MATERIALS TECHNICAL SERVICE TIME: ❑SHOP ❑HOME ❑PICK UP OR DELIVER ❑SERVIC/E CALL'CHARGE TECHNICIAN v v J DATE COMPLETED TAX * — N COMP CASH OF WORKLETION o ( SIGNATURE — TOTAL TOTAL MATERIALS Guaranty on other side COPY L�vyy' signature above constitutes acceptance of above work as being A LOU _ satisfactory-and that equipment has been left in good condition. 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 2ers0nal property or growing crops and which accrue on or as January 1, 1988, must be presented not later than ;,ix 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 , 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 RECEIVED Against the County of Contra Costa or ) PHIL BATCHELOR CLERK BOARD OF SUPERVISORC District) ONTRA COSTA CO. Fill in name ) By »"�, t• Deputy , The undersigned claimant hereby makes claim against the CountyofContra Costa or the above-named District in the sum of $ 4LI and in support of this claim represents as. follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) pAy Q4, 1989 9:X pin -----—4-q- as.,_L-qw--.ZL= 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 damazes claimed. Attach two estimates for auto dame knew �rrkfe R;) ©n pA9�n9�R Fide ulR Seve�� Aen� OSI � N RI�I 4/7 �o�'��16 AN& 4n�cm esfirnl�t� c�avNe pResrnted�,n ; ase t a� onehr�An -ig�-Z�a�la� -------LRV-lLTV_��?ltlt��5_11���g91&eA•CB{��G�O A�,J��!!1�5�2�7c�ae�/��,t,��R�'�i!/IAtc 7. How was the amount claimed above computed? (Include the estimated amoune of 3y�yk/c�Rir prospective injury or e.) ►✓hen Y <'nr�l! /,o��te Ash© t'h AiR Rims, Z"�tr�e/�ed in �,e;ms-Then f,�ims, Tl- -P�Rsf ,�R9 is 'Q4, P©R /�q �e; on ££nkie- Rims. The send Ch e cuAs ,�b,� p9S5,nVgee st'd aim hoc hAd i�Ofhin o do w/fh 7% 5c*j11n, The Am�a f GJAi ql !`L e1 'VJICt2_�?, 1F�1L�_� l�_1f1 e1n / ------------------ ------Names and addresses of witnesses, doctors and hospitals. N/A ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM . AMOUNT 9-17-99 RV,9;lq 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 a�� Claimant's Signature Address cA Telephone No. Telephone No. (36 5573-85,;Q 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. . �� Ori� 2f�✓� � O DUAN. DESCRIPTION PRICE AMOUNT 1119 A~ ROAD VIKW OW CA 94596 i -(f (415) 9334KW i r ;cj f DATE U�— 19 L NAME i AD ` - 2048 O SS p CITY � H / DATE OF ORIGINAL INSTALLATION MAKE MODEL ❑ESTIMATE SERIAL NO. DATE PROMISED ❑WARRANTY ❑CONTRACT I NATURE OF SERVICE I i ................ I TOTAL MATERIALS TECHNICAL SERVICE TIME: ❑SHOP ❑HOME i i ❑PICK UP OR DELIVER ❑SERVICCALL CHARGE TECHNICIAN DATE COMPLETED TAX CASH OON F WOKPLETIOM TOTAL SIGNATURE I TOTAL MATERIALS - Guaranty on other side COPY . [—�/./��' w-4y' Signature above constitutes acceptance of above work as being e `lank LOV satisfactory-and that equipment has been left in good condition. CLAIM GI • 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 17, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please pptte�all "Warnings". CLAIMANT: ROBERTS, William D. Q�I�S1 ATTORNEY: a Road Date received �la�� � ADDRESS: 2301 O kvale BY DELIVERY TO CLERK ON September. Walnut Creek, CA BY MAIL POSTMARKED: Left at front desk I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim— September laim—September 18, 1989 PpHHIL BATCHELOR, Clerk J DATED: BY: Deputy Zn' .Ceryelli 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: 9I 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 J1 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 17 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: O CT 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: William D. oberts 2301 Oakvale oad Walnut Creek, Re: Claim of WILLIAM D. ROBERTS Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s ) of the public employee(s ) causing the injury, damage, or loss, if known. x 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ( $10,000). If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By: Deputy County un el CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. SS 641 , 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: Q at Martinez, California. cc: Clerk of the Board of Supervisors ( 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. 4If 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 Cler 's filing stamp QLUL 0L RECEIVE® Against the County of Contra Costa ) or ) SEP 14, 1989 District) T�� ' .M. PHIL ATC EOR (Fill in name ) CL K CORD OF�O'FpISORS O RA COBY Depot The undersigned claimant hereby makes claim against e o sta or the above-named District in the sum of $ and in support of this claim represents as follows: ----------------------------- When did the damage or injury occur? (Give exact date and hour) --------- -- ----- --- -� �._1 Z-------2!- / A --------------------------- 2. Where did the damage or injury occur? (Include city and county) -- _JWA+� ----------- 3. How die damage or injury occur? (Give full details; use extra per if required) ---- ---------- ---------- -------------------- ----------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees 'caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing` ' the damage or injury? --------------------------------------------------- ----------------------- 6. What damage or injuries"do you claim resulted? (Give" full extent, of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) nn -------------------------------------------------------------------------------_ ------ 8. Names and addresses of witnesses, doctors and hospitals. q -------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT _.. fx[ �yy� Y -� ..H_. i� lii ] iC ]C ]G iC X A iC iC if 7f ][ iT 'K Gov. Code Sec. 910.2 provides: The claim must be signed by the claimant SEND NOTICES TO: , (Attorney) orb some per sonon his behalf." Name and Address,<,of:.=Attorney, &,, Claimant's Si ature M \ Address Telephone No. Telephone No. U R —d?1:Z 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. 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 17, 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: MC CLAIN, Lawrence Alan ATTORNEY: Roosevelt O'Neal Attorney at Law Date received ADDRESS: 1419 McAllister Avenue BY DELIVERY TO CLERK ON September 18, 1989 Sacramento, CA 95822 BY MAIL POSTMARKED: September 15, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 18, 1989 NYIL BAATTCHELOR, Clerk __ rLAn 01 Jl�& n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �(V ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 1- 7 1989 PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code secti 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: O C T 1. 8 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �.y NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Roose t O'Neal Attorney Law 1419 McAllis Ave. Sacramento, CA 22 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 Co y nsel CERTIFICATE OF 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:� % )M q , 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 1069 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 LAWRENCE ALAN McCLAIN j RECEI IL-;% Against the County of Contra Costa ) SEP 18 1989 or. ) �0FD 0i ' PE J1'OR� CLERK ,i•: 00STXQO District) o . De Ut Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 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 ------------------------------------------------------------------------------------- 8. 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 NONE 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 ROOSEVELT O'NEALf AM/ Attorney at Law Claimant's Signature 1419 McAllister Avenue Attorney for Claimant Sacramento, CA 95822 1419 McAllister Avenue Address Sacramento, CA 95822 Telephone No. (916) 978-7548 Telephone No. (916) 978-7548 * * W 9 1 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 fire of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 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. r� N .. cn . w a� N yN ? co d � ON as cd � w f"i 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 17, 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: $15, 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: NEWMAN, Lizzie J. County Counsel ATTORNEY: LeRue Grim SEP d 1999 Attorney at Law Date received A6,artine, �, ADDRESS: 877 Bryant St. Suite 200 BY DELIVERY TO CLERK ON Septembe> A 9�%-§9 San Francisco, CA 94103 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 18, 1989 EVIL BAATTCtyLOR , Clerk (IA,," 0 1 n erve11 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: fill 11h BY: J Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDBy unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (� Dated: OCT 17 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: O C T 18 1989 BY: PHIL BATCHELOR by — Deputy Clerk CC: County Counsel County Administrator LERUE JAMES GRIM ATTORNEY AT LAW RECEIVED 877 BRYANT STREET- SUITE 200 SAN FRANCISCO, CALIFORNIA 84103 !!D (418) 821_8071 f 1989Se tember 15th 1989 TCHELOR p PERVISORS ' ACO eputy Clerk Board of Supervisors Administration Building Martinez California CLAIM FOR DAMAGES Pursuant to Section 910 of the Government Code of California, the following claim for damages is respectfully submitted: 1. Name and address of claimant: LIZZIE J. NEWMAN c/o LeRUE GRIM Attorney at Law 877 Bryant Street Suite 200 San Francisco California 94103 2. Post Office address to which claimant wishes notices to be sent: Same. 3. The date, place and other circumstances giving rise to the claim: June 9th, 1989, between 3 and 4 p.m. Claimant caught a LAIDLAW BUS at the BART station. The bus was a "J Express." It goes to Hilltop, which is in the City of Richmond, and then it goes to Hercules. Claimant was sitting on a seat directly behind a male bus driver. Because of a turn the driver made claimant was thrown forward out of her seat and hit her head on the divider that separates the driver from the passengers. Claimant's behind hit the floor but the bus continued in motion and a lady passenger yelled, "Is anybody going to help her?" No one else assisted claimant but the passenger who had yelled. She helped claimant get up off the floor. The driver did not give any assistance to the claimant. 4. A general description of the indebtedness, obligation, injury, damage or loss, so far as known to claimant: J' s Lower back . pain. Pain on both sides of face. Cost of Doctors treatment. Dr. Truong Thi Bach, M.D. , 329 29th Street, Richmond, California 94804. Also Dr. John Hutchison, M.D. , 329 29th Street, Richmond, California 94804. 5. The name or names of public employees causing the injury, damage or loss, so far as known to claimant: Bus driver, LAIDLAW BUS COMPANY, BART, City of Richmond, County of Contra Costa. 6. Amount claimed as of date of presentation of claim, and basis of computation: $15,000.00. Incurred medical costs. Incurred prescription costs. Future medical costs. Future prescription costs. General damages. VERIFICATION I certify the above statements to be true and correct, and to the best of my knowledge free of misrepresentation or deliberate omissions of material facts. Dated: September 1989. h SIGNED ON BEHAL OF LAI T: LADE GRI 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 17, 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: $269 . 10 Section 913 and 915.4. Please note all "Warnings". cov CLAIMANT: EVANS, Jennifer nty counsel 198 ATTORNEY: Date received f"tinez, ADDRESS: 9852 Deer Valley Road BY DELIVERY TO CLERK ON SeptemBW- 'Q153, 31989 Brentwood, CA 94513 BY MAIL POSTMARKED: September 13, 1989 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED,: September 18, 1989 EVIL BATCHELOR, Clerk n 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: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDE By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. t1 Dated: O C T 17 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 18 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 CYaim 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 cr..ops 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 deatlh 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 f orm: RE.: Claim By -- ) Reserved for rl'Ar0-3—filing stam RECEIVED Against the County of Contra Costa ) S �S 1989 Or ) PHIL BATCHELOR CLERK VOARQ OF SU ERVISORS District) ONT COST O. s Fill in name ) pu The undersigned claimant hereby makes clai 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) ----- --� 30 ------------------- 2. Where did the damage or injury occur? (Include city and county) . r -------------- 3. --3. How did the damage or injury occur? (Give full details; use extra paper if required _ Uew C6_t= -rZP"J G (-1 NC� t3/12> pASS;Fts —1-A U> 601A CL 4. What particular act or omission on the part of county or district officers, ��e!►J�1 .servants or employees caused the injury or dama e? NtiSU X11. 7-t+ C OU NTy �2AU�d. L2tj E-A-k- 5 ASCI cT G f= x--06 S- r Q4)-L)Q. WC- SUS7-Ai�cJ o f W -- ,-G T- a N C_t0 P 0 0 y2 (over) 4. 5. What are the names of county or district officers, servants or employees-causing " the damage or injury? V*g ----------- ------------------------------------------------------------------------ 5. What damage or injuries 'do you claim resulted? (Give -full extent'of injuries or damages claimed. Attach two estimates for auto-damage'. ` ------v� - ----_S__-- t�'S__T_t�t I_tu. � � .,,�13N _Q _ .� oT_� ..lL69 Cia-(Y�� 7. -How was the-amount`-claimed above computed? (Include the estimated amount of any4o21Z6A-n prospective injuryror 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. svi 6 d Gov. Code Sec. 910.2 provides: "Tile claim must be signed by the claimant SE � OGZ; Q ': t� norb;Tsome person on his behalf." Name a V PAT cess of Attor.ney _ T;!14irm!an ignature Address Telephone No. Telephone No. * * 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, eity'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' mprisonment 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' G. ROSE & SONS - 230 Chestnut'Street JOB WORK ORDER Brentwood, California 94513 DATE OF ORDER (415) 634-5609 CUSTOMER'S ORDER NO. PHONE STARTING DATE BILL T�7 � ` ^ � - ORDER TAKEN BY �i//C1/ t(,4/J/(i/•�y,1 ADDRESS ❑ DAY WORK CITY I] CONTRACT I] EXTRA JOB NAME AND LOCATION DESCRIPTION OF WORK JOB PHONE )Xq7 5HP= - A l Lasa 467, Iq -7 // -73 / 5?(/J�J. —7 -- TOTAL MATERIALS /O TOTAL LABOR 9-0 L� TAX 17 DATE COMPLETED WORK ORDERED BY / TOTAL AMOUNT $. I hereby acknowledge the satisfactory completion ❑No one home ❑Total amount due C] Total billing to of the above described work. for above work or beailed when job finished Signature TERMS 30 DAYS Any portion of the previous balance remaining unpaid 30 days after the end of the month follow- ing purchase will be subject to a finance charge of 1 and one-half percent. (18 percent per annum). fill . IV 9 y 6- 2 Lp i Q� i t ti -, g 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 17 , 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given. pursuant to Government Code Amount: $1, 500 - 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: MONTESCLAROS, llyan S E P 18 1989 ATTORNEY: Date received Marline_, CA 94553 ADDRESS: 2640 Newell Avenue BY DELIVERY TO CLERK ON September 15 , 1989 Walnut Creek, CA 94596 BY MAIL POSTMARKED: September 14, 1989 Cert. # fl')L, 036-747-345 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 18, 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy CL -4-A"N j n Cerve i 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: 9BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admin tr' tor (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 17 1989 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sect 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 18 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Sept . 14, 1989 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 : DYAN MONTESCLAROS ) Reserved for Clerk's filing stamp 2640 W. Newell Ave. ) Walnut Creek, CA. 94596 ) RECEIVED Against the County of Contra Costa ) or ) S E P 1 51989 District) P4'1!L i3ATCHELCR ,,CLERK BOARD CF WERVISORS Fill in name ) c ,rR•a c T co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 , 500 . 00( fi fteen- and in support of this claim represents as follows: hundred dollars) ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) from 1/88-8/89 , expense incurred in June, July and August of 1989 . ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 2640 W Newell Ave. Walnut Creek, CA. 94596, Contra Costa County ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) see attached letter(9/14/89 ) Cleaning up of leaves and tree trimming on County property adjacent to 2640 W Newell which was fire & road hazard ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? negligence in properly maintaining a County lot. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 1 . Contra Costa County (owner of Lot#28 ,parcel#238022001 ) 4-David R. Emery Chief Supervising Inspector,Abatement Div. CCC Cons. Fire Dist . .Pr�h�illip L.H�a.r.,rington Senior Civil Engineer PWD Maint .Div. ---------------IL--------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. $1 , 500 . 00 in clean up expenses ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Reciepts from hauling, labor, tree trimming and rental of equipment -- - ------------------------------------=--------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. All residents of W. Newell Avenue. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 6/10/89 & 7/28/89 LABOR $ 1000. 00 6/10/89 & 7/.28/89 Hauling $ 300 . 00 6/10/89 & '7/28/89 Mulch & CEenta5 ofEquip. $ 200. 00 Gov. Code Sec. 910.2 provides: "The claim mus be signed by the claimant SEND 'NOTICES TO: ' (Attorney) or b some per n on his behalf." Name and Address Qf,Attorney. (Claimant's Signature 2640 W. Newell Ave. Address Walnut Creek, CA. 94596 Telephone No. I Telephone No. i 932 4 617 * * V V V V V V F-F-F �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. September 14,1989 Dyan Montesclaros 2640 W Newell Ave. Walnut Creek, CA 94596 Cleric of the Board of Supervisors. Contra Costa County County Administration Building Room 106 651 Pine St. , Martinez, CA. 94553 Dear Clerk of the Board of Supervisors: I am a new resident of Walnut Creek, having purchased my home about two and a half years ago. I live on a corner at the end of W Newell avenue, andhave been improving the property by landscaping, new roof, new driveway etc. At the corner end of my property exists a lot, at the intersection of W Newell Ave./Newell Ct. and Olympic Blvd. This lot contains many very large trees and there is a street sewer contiguous to it. Although my property and lawn (as well as everyone else's on the block) are well kept and manicured, the corner lot has been an eye sore and hazard to the community. After seeing public works-trucks from Contra Costa County clean the sewer and pile the debris on the lot, I requested on numerous occasions for them to haul away the mounds of leaves and brush, and to cut back the trees whose branches intruded into the street grossly impairing drivers visibility on the corner. The public works people said they would investigate and report to their superiors. I was compelled to call several times and each time the supervisor assured me that having researched and consulted with his superiors, that the County did not own any property on the block, and that we were responsible for maintaining the area. After many such exhortations I began to believe that perhaps this was my property, or at least I was responsible due to some ordinance, to maintain it. Because the corner lot was an eye sore and large amounts of leaves would blow over to my side, I began to clean up the area. In the summer of 1988 I hired workers to clean and haul and trim the branches. Although the area was trimmed and free of loose branches, large piles of leaves and twigs remained on the corner. In 1989 the trees were again obstructing drivers visibility and more leaves had piled up creating a real fire hazard to my home. I was upset because my property was debased and in the realization of the continued sizable task of cleaning up the corner. I called my real estate broker, who suggested to search the records to see if the property was in fact mine. I also called the County Public Works again and requested that they clean the area. As a copy of their letter of reply to this request shows, (June 6, 1989) ,it seemed to me they were content with having me maintain the area. They again asserted that the county owned no such property. It was only until I started getting threatening letters from the County public works and the fire department by certified mail that I became particularly annoyed. When I was given an ultimatum to clean and trim the area again and within ten days or face charges, I resolved to finally take care of this head and eye ache and trim and totally clear the area of ages of debris. Because I work about ten hours a day and have seminars on weekends it was hard for me to research the ownership of the lot in question. A friend of mine, after searching through many books of records has uncovered proof that this corner lot (parcel # 238-022-001, lot # 28) adjacent to mine does in fact belong to Contra Costa County. I am hereby requesting reimbursement of monies I spent in cleaning up this lot at the Counties request. (Official County Claim enclosed). Full documentation and photographs, will be used as evidence should litigation become necessary. It is more important to me that the County takes responsibility for maintaining the corner and comes out to trim the large trees on the lot, which overhang my house and property and obstruct local traffic. Thank you for your consideration and courtesy in the expeditious resolving of this matter. cerel an Montesclaros J.Michael Watford Contra Public Works Director Costa Public Works Department County 255 Glacier Drive Milton F. Kubicek 'Martinez, CA 94553-4897 Deputy Director Maurice E.Mitchell- May itchell May 10, 1989 Deputy Director Our File: Trimming Request Road No. 3845 Phil. Montesclairos 2640 West Newell Walnut Creek, CA 94596 Dear Mr. Montesclairos: nll2"i?K a r .tine ?TL'rv-rt 1 on of yrAir strAet-.r WP �ti roll that the la_rscaping in front of your home has grown out a little too far into the road right of way. In order to allow clearances from the edge of road for the safe passage of vehicles and pedestrians, and to allow adequate visibility for motorists to pull out safely from intersections;, we m;st ask you to trim back your landscaping as shown as .Condition A on the attached sheet. According to Section 1480 to 1485 of the Streets and ,Highways Code of California and Section 82-18.002. to 82-18.012 of the _Contra. Costa County Ordinance Code," it is the responsibility of the property owner to do the trimming. If we were to do the work'we would have to bill you for the costs .involved which would include overhead and administrative costs and would therefore be,a greater ewe than if you did the work yourself or arranged to have it done. ., In addition, our work may not be aesthetically pleasing to you. We would appreciate it if you will ccuplete the `work by May 25, 1989. If you have any questions, please feel free to call Toro Borman at 646-1266. Thank you for your cooperation -. Very truly yours, Phillip L. Harringt Senior:Civil Engineer )!4ai.nt_enance Division P //pc montes.t5 Attachment cc: T. Borman, Maint. 5/23/89 Tickle File 1 J.Michael Walford Confra Public Works Director Costa Public Woo' ks Department County 255 Glacier Drive Milton F.Kubicek Deputy Director Martinez, CA 94553-4897 June 6, 1989 Maurice E:Mitchell Deputy Director Our File: Trimming, Request Road No. 3845 PAIL RE' JRN REC= REWEMED Mr. Phil Montesclairos 2640 West Newell Walnut Creek, CA 94596 Dear Mt. Montesclairos: You have not completed the landscape trirlmuig we requested in our May 10, _ 1989 letter (copy attached) to you. We are concerned about the potential hazard this presents to.drivers and/or pedestrians. Therefore, you are hereby requested to trim your landscape as previously described within 10 days after service of this notice upon you. Under County Ordinance Code, Section 82-18..010, you have the right to appeal this determination to'.the Zoning Administrator, County Planning Department within this 10-day period: You are hereby notified that if this tritming is not completed or an appeal is not filed within 10 days after service of this notice, the County will perform the work at your expense. The expenses we will bill you for include the actual cost to do the work plus overhead and administrative costs and all court costs if necessary to recover the above mentioned costs. It will probably be less expensive and more aesthetically pleasing to you if you do the work yourself. Your failure to respond to this request, 'whether its by doing the work or by appealing, implies that you have given the County and its agents the right to enter your property at a later date to do the work and relieve the County from any liability for,damages done to your property during the work. If you have any questions, please call Tam Borman at 646-1266. Very truly v yours, �J Phillip.L. Harrington Senior Civil Engineer Maintenance Division PIH/TB/Pc montes.t6 Attachment: 5/10/89 Notice cc: T. Borman, Maint. J. Steffensen, Maint. Ay coux�f. CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT iSGL1D' 2010 GEARY ROAD �rRE oisT��° PLEASANT HILL, CA 94523-4694 (415)930-5500 BUREAU OF FIRE PREVENTION DIVISION OF, EXTERIOR FIRE HAZARD CONTROL NOTICE TO ABATE MONTESCLAROS DYAN 2640 .W NEWELL AVE . WALNUT CREEK CA 94596 r 238-022-015-8 07/25./89 PARCEL: C _ __ DATE: LOCATION: Dear Property Owner: 07/24/89 An inspection of the above listed parcel was conducted on and it was found that a weed and/or rubbish hazard exists on -the property. The abatement indicated below is necessary to meet the Fire District' s minimum abatement requirements. SUCH ABATEMENT MUST BE MAINTAINED. LAWS: This Notice is issued in accordance with Part 2.7 and Part 5, Division 12, California State Health and Safety Code, and pursuant to. District Ordinance 86/71. RESULTS OF INSPECTION Remove all combustible rubbish, trash, trimmings etc. REMOVE ALL DEAD BRANCHES, CUTTINGS Remarks: PLEASE SEE ABATEMENT REQUIREMENTS ON- REVERSE SIDE. This property will be 're-inspected on or after 08/08/89 If the above abatement has not been completed and maintained thereafter, 'th6 Fire District may complete such abatement. Costs incurred by this District will constitute an assessment and be a lien on the above property and shall be collected as County taxes. � �� Supervising Inspector, ABATEMENT DIVISION Chief .David R. Emery F-931 10-87 O o � � m © =' a r; c� o m � o � Q0 ON to - � Sff'u' , p ���1,`�i y ON dh i-5-! �" Cr C 1 CY ' N rt 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 7 , 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: FYNAUT, Nicole Michelle ATTORNEY: Date received ADDRESS: 2860 Chattleton Lane BY DELIVERY TO CLERK ON September 18, 1989 San Pablo, CA 94806 BY MAIL POSTMARKED: September 15, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 18 1989 PpHHIL BATCHELOR, Clerk DATED: eputy CL 0,"Z Ann Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �V ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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� / ��j 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 ( his 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 17 1989 PHIL BATCHELOR, Clerk, By ,v 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 1 .8 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO. Nicole helle Fynaut 2860 Chatt`l`o"n Lane San Pablo, CA 9AZ06 Re: Claim of NICOLE MICHELLE FYNAUT 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 bun n el CERTIFICATE OF SERVICE BY MAIL C.C.P. S§ 1012, 1013a, 2015.5, Evid. C. SS 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: !— ,�g� �� � , at Martinez, California. cc: Clerk of the Board of Supervisors (or incl) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920 . 4, 910 . 8) 1 .I ".IM% T:?.- BOARD OF SUPERV:l:SORS OF CONTRA COT1 �giX �'M application e ur vt0; Instructions to Claimant Clerk of the Board P.O.Box 911 A. Claims relating to causes of a:tion for death or =or in ury�to�5�3 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 y(aar 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 , Count y ,_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 Sec. 72 at end of this form. , RE: Claim by ) Reserved .for Clerk' s filing stamps ) D Against the COUNTY OF CONTRA COSTA) SEP 1 81989 a _ or (Fill in name) ) ClF^'� w,,, ORS ;:os. ccs .• De uh . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ a. and in support of this claim represents as follows : 1. When di l the damage orinjury� occur? (Give exact-date and hour) 2. Where clic the damage or injure occur? (Include city and county) ------.•� ...3 .----------------- ----..s------------------------------- . How did the damage or injury occur? (Give full details , use extra,_ sheets if required) V4 6- ----------------------------------------- or What particular act omission on the part of county or district officers , servants or employet:s caused the injury or damage? (over) '.:5..:.:•fiat ar.e..the,..names of county or district officers , servants- or I employees::causing the damage or injury? - ----------------------- ------------------------- --------f---- ------ 6. What damage or injuries- do you claim resulted? (Give ull-extent---- of injuries or damages claimed Attach two estimates for auto damage) - ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------„------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. ------------------ ------------- ---------------------------------------- 9 . " List the expenditures itures you made on account of this accident or injury: DATE ITEM 7--MOUNT Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some oerson 1. on his behalf. " Name and Address of 'Attorney 1116ox..�r�14f Clan nt ' g a.tur Telephone No. Telephone No. -aLQ u NOTICE Section 72 of the Penal Code provides: "Every person who, with intert to defraud, presents for allowance or for payment to any state*, board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account , voucher, or writing , is guilty of a felony.. " CALIFORNIA DEPARTMENT 'UF+ MOTUR VEHICLES Rb(. EIF-T - NOT A LICENSE OR PERMIT NOT A VERIP[ED IDENTIFICATION ' APPLICATION FOR DL DUPLICATE A1O0O109 CLASS; 3 NICOLE MICHELLE FYNAUT 2860 CHATTLETON LANE SAN PABLO CA 94806 F H;BLN BLU 5-05 135 BD; 12-13_69 AM7 DUE : 10.00 AMT RECVD - CASH; 20.00 - CHCK; - CRDT; CASH BACK 11 1.0.00/ IF THIS APPLICATION IS NOT COMPLETED BY 07-31-904 IT WILL BE CANCELLED. 07-31-89 556 073189 34/5013 879 - nJ t1}i t t U /j �30 ,70 �.. Pe